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Patna High Court

Bhuneshwar Prasad Singh,versusThe State Of Bihar

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition was dismissed as the respondents acted bona‑fide and no case was made out against the compensation payment.

Summary

The petitioner, Bhuneshwar Prasad Singh, filed a writ petition seeking a mandamus directing the respondents to pay full compensation for land acquired by the Land Acquisition Department, alleging that half of the awarded amount was illegally paid to a stranger, Smt. Kumkum Devi. The respondents, including the State of Bihar and various officials, countered that Kumkum Devi was the lawful heir of the deceased Yogeshwar Prasad Singh and therefore entitled to half the share, rendering the payment lawful. The petitioner's claim relied on a family partition dated 1999, while the respondents submitted a counter‑affidavit in 2022 supporting their position. No counsel appeared on behalf of the petitioner, and the court found no merit in the petition as the respondents had acted in good faith. Consequently, the court dismissed the petition for non‑prosecution.

Issues considered

  • What is the legality of the compensation payment made to Smt. Kumkum Devi in the land acquisition proceeding?
  • Whether the petitioner's claim of an illegal payment warrants issuance of a writ of mandamus or certiorari?

Subjects

  • land acquisition
  • compensation
  • illegal payment
  • writ of mandamus
  • certiorari
  • non‑appearance
  • dismissal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.24155 of 2018
                 ======================================================
                 Bhuneshwar Prasad Singh, Son of Aditya Narayan Singh, resident of Village
                 and P.O.- Tungi, P.S.- Hisua, District- Nawada, Bihar.
                                                                          ... ... Petitioner/s
                                                      Versus
           1.     The State Of Bihar Bihar.
           2.    The District Magistrate, Nawada.
           3.    District Land Acquisition Officer, Nawada.
           4.    Land Reforms Deputy Collector, Nawada.
           5.    Circle Officer, Hisua, Nawada.
           6.    LRDC Nawada.
           7.    Sudhanshu Kumar, Son of Late Yogeshwar Prasad Singh, resident of Village
                 and P.O. Tungi, P.S.- Hisua, District- Nawada.
           8.     Smt. Kumkum Devi, Wife of Jugeshwar Prasad Singh, resident of Village
                  and P.O.- Tungi, P.S.- Hisua, District- Nawada.
                                                                    ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        None
                 For the Respondent/s   :        Mr. Dhurjati Kumar Prasad, GP-14
                 For NHAI               :        Mr. Sriram Krishna, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER
2   06-01-2026                   No one appears on behalf of the petitioner though

                   State as also NHAI are present.

                               2. The present application has been preferred:

                                                      for issuance of a writ, order or
                                            direction including a writ in the nature of
                                            Mandamus, commanding the respondents to
                                            pay full payment, which was granted by the
                                            Land Acquisition Department, against the
                                            acquisition of land of Khata No. 80, Plot No.
                                            2568, 2569 area 0.2057 acres and 0.3255
                                            acres (department granted Rs.1793704/- and
                                            Rs.2838360/- respectively and lastly 1/2 of
                                            the same was illegally paid to one stranger
                                            Smt. Kumkum Devi wife of Yogeshwar
           Patna High Court CWJC No.24155 of 2018(2) dt.06-01-2026
                                                      2/2




                                            Prasad Singh in spite of submission of family
                                            arrangement/partition between family in
                                            1999. And also a writ in the nature of
                                            Certiorari may kindly be issued for quashing
                                            the illegal payment order dated 28.08.18
                                            passed by respondent no.03 or be pleased to
                                            pass such other order/s as Your Lordships
                                            may deem fit and proper.
                                 3. A counter affidavit has come on behalf of the State

                     respondents according to which, late Yogeshwar Prasad Singh

                     is/was not a stranger rather own brother of the writ petitioner.

                     Having left for his heavenly abode, his wife, Smt. Kumkum

                     Devi was entitled to half of the share of the land in question and

                     in that background, the compensation amount was rightly

                     granted to her. As recorded above, the fact has come by way of

                     counter affidavit in the year 2022 and there is no rebuttal to it.

                                 4. This Court is satisfied that the respondents have

                     acted bonafidely in the matter and no case is made out.

                                 5. However, since there is no appearance, dismissed

                     for non-prosecution.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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