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Patna High Court

Sant Lal SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court declined to grant any relief and disposed of the writ petition.

Summary

Sant Lal Singh filed a writ petition challenging two notices issued under Sections 21(2) and 37(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which allegedly omitted his agnates and named other persons as having interest in the acquired land. He sought quashing of the notices, substitution of his name in place of deceased relatives, full payment of compensation to him, and a restraining order preventing payment to respondents No.6 and No.7. The State counsel argued that the petition merely contested the notice without addressing the respondents and that the petitioner should have submitted the requisite documents to the authorities. The Court observed that the petition was limited to challenging the notice and was not inclined to grant any of the reliefs claimed. Consequently, the Court disposed of the writ petition without granting any relief. The order was delivered by Justice Rajiv Roy on 7 January 2026.

Issues considered

  • Whether the writ petition seeking quash of notices under the RFCTLARR Act, substitution of name, and direction for payment of compensation is maintainable
  • Whether the petitioner is entitled to restrain payment of compensation to the private respondents

Legislation cited

Subjects

  • land acquisition
  • compensation
  • writ petition
  • quashing notice
  • RFCTLARR Act
  • substitution of name
  • restraining order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.20585 of 2019
                 ======================================================
                 Sant Lal Singh Son of Late Narsingh Singh Resident of Village- Majlishpur,
                 P.S.- Bidupur, District- Vaishali.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Principal Secretary, Land Reforms and Revenue
                 Department, Government of Bihar, Patna.
           2.    The Director, Land Reforms and Revenue, Government of Bihar, Patna.
           3.    The Collector-cum-District Magistrate, Vaishali at Hajipur.
           4.    The District Land Acquisition Officer, Vaishali at Hajipur.
           5.    The Circle Officer, Bidupur, District- Vaishali.
           6.    Shatrudhan Singh Son of Late Ram Roop Singh Resident of Village-
                 Majlishpur, P.O.- Govindpur Gokhula, P.S.- Bidupur, District- Vaishali.
           7.    Ramjatan Singh Son of Late Ram Roop Singh Resident of Village-
                 Majlishpur, P.O.- Govindpur Gokhula, P.S.- Bidupur, District- Vaishali.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Anuj Kumar, Adv.
                 For the Respondent/s   :        Mr. Rishi Raj Sinha (Sc19)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   07-01-2026                    Heard the parties.

                               2. The present application has been preferred for the

                   following relief(s):

                                                      (i) For quashing the notice dated
                                            15.10.2018 under section 21(2) (Annexure 6)
                                            and notice dated 31.10.2018 (Annexure - 7)
                                            under section 37(2) of Right to Fair
                                            Compensation and Transparency in Land
                                            Acquisition, Rehabilitation and Resettlement
                                            Act, 2013, pertaining to the L.A. Case No.-
                                            6/2018-19, with regard to land bearing
Patna High Court CWJC No.20585 of 2019(3) dt.07-01-2026
                                           2/3




                                  Khata no. 14, Plot no. 66 admeasuring area
                                  34.5     Decimal,        Situated         at     Mauja     -
                                  Majlishpur, Thana - Hajipur of District
                                  Vaishali, to the extent deleting the names of
                                  agnates of the petitioner being Ram Jatan
                                  Singh and Shatrudhan Singh (both son of
                                  Ramroop Singh) from the said notice by
                                  which they are shown as persons having
                                  interest and declared their share in the
                                  acquired land, ignoring the fact that the
                                  petitioner has all the right, title and
                                  possession over the said land and claim of
                                  the private respondent has been rejected by
                                  order dated 06.01.19917 passed in Appeal
                                  No.    246/95      by        the    Deputy        Director,
                                  Consolidation vaishali at Hajipur.
                                               (ii) For direction to the state
                                  respondents to substitute the name of the
                                  petitioner in place of Narsing Singh and
                                  Most. Devi, who was father of the petitioner
                                  and is pre deceased and the Most. Devi died
                                  issueless.
                                               (iii) For issuance of direction to
                                  ensure payment of the entire compensation
                                  amount       to   the        petitioner        beyond    the
                                  notification as issued under Section 37(2) of
                                  the Right to Fair Compensation and
                                  Transparency            in         Land        Acquisition,
                                  Rehabilitation and Resettlement Act, 2013 in
                                  his name.
           Patna High Court CWJC No.20585 of 2019(3) dt.07-01-2026
                                                      3/3




                                                         (iv) To restrain the authority
                                             concerned for payment of any part of
                                             compensation amount of the said acquired
                                             land, to the respondent no. 6 and 7.
                                 3. Learned State Counsel has pointed out that mere

                     notice issued to the petitioner has been challenged in the writ

                     petition instead of answering/satisfying the respondents. This

                     Court is also of the opinion that only notice has been issued, the

                     petitioner ought to have submitted relevant documents before

                     appropriate authorities so that the matter is taken to its logical

                     conclusion.

                                 4. At this stage, this Court is not inclined to extend

                     any relief to the petitioner.

                                 5. The writ petition is disposed of with aforesaid

                     observation.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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