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Patna High Court

Sushila DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioners are entitled to the compensation amount as determined in Title Suit No. 12 of 2018, and no objection exists to its release.

Summary

The petitioners, Sushila Devi and Om Prakash Singh, sought the release of 25% of the compensation amount for lands acquired for National Highway‑83, claiming they had not received any payment while other agnates had. The court noted a prior judgment in Title Suit No. 12 of 2018 that divided the suit property equally between the petitioners and the respondents Charlie and Gunjan Sinha. The petitioners argued that the District Land Acquisition Officer (DLAO) had withheld payment due to a pending Title Suit No. 50 of 2015, which the respondents admitted pertained to different land. The DLAO’s affidavit confirmed that the pending suit was unrelated to the acquired land, and no objection to payment existed in the DLAO’s records. The court held that the petitioners were entitled to their share of compensation as per the unchallenged order in Title Suit No. 12 of 2018. Consequently, the writ petition was disposed, directing the DLAO to release the compensation amount to the petitioners.

Issues considered

  • Whether the petitioners are entitled to a share of the compensation amount for the land acquired for National Highway‑83.
  • Whether the pending Title Suit No. 50 of 2015 bars the release of compensation to the petitioners.
  • Whether any objection exists in the office of the District Land Acquisition Officer against payment to the petitioners.

Subjects

  • Land acquisition
  • Compensation
  • Title suit
  • Partition of property
  • Writ petition
  • National Highway‑83
  • District Land Acquisition Officer

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.4946 of 2023
     ======================================================
1.    Sushila Devi Wife of Late Ram Narayan Singh, Resident of of Village-
      Manglichak, P.O.- Suitha, P.S.- Parsa Bazar, District- Patna, presently
      residing at House No. A/200, P.C.Colony, Opposite Jay Prabha Blood Bank,
      P.O.- Lohia Nagar, P.S.- Kankarbagh, District- Patna.
2.   Om Prakash Singh Son of Late Ram Narayan Singh, Resident of of Village-
     Manglichak, P.O.- Suitha, P.S.- Parsa Bazar, District- Patna, presently
     residing at House No. A/200, P.C.Colony, Opposite Jay Prabha Blood Bank,
     P.O.- Lohia Nagar, P.S.- Kankarbagh, District- Patna.

                                                               ... ... Petitioner/s
                                        Versus
1.   The State of Bihar
2.   The Secretary, Land Reforms and Rehabilitation, Govt. of Bihar.
3.   Divisional Commissioner, Patna Commissionery, Patna.
4.   The District Magistrate, Patna.
5.   The District Land Acquisition Officer, Patna.
6.   The Circle Officer, Phulwarisharif, Patna.
7.   The Circle Officer, Patna Sadar.
8.   Sanyukta Singh Wife of Late Shyam Narayan Singh, Resident of Village-
     Manglichak, P.O.- Suitha, P.S.- Parsa Bazar, District- Patna.
9.   Jay Prakash Son of Late Shyam Narayan Singh, Resident of Village-
     Manglichak, P.O.- Suitha, P.S.- Parsa Bazar, District- Patna.
10. Prashant Kumar Son of Late Shyam Narayan Singh, Resident of Village-
    Manglichak, P.O.- Suitha, P.S.- Parsa Bazar, District- Patna.
11. Kamlesh Singh Son of Late Jag Narayan Singh, Resident of Village-
    Manglichak, P.O.- Suitha, P.S.- Parsa Bazar, District- Patna.
12. Manish Kumar Son of Sri Kamlesh Singh, Resident of Village- Manglichak,
    P.O.- Suitha, P.S.- Parsa Bazar, District- Patna.
13. Anish Kumar Son of Sri Kamlesh Singh, Resident of Village- Manglichak,
    P.O.- Suitha, P.S.- Parsa Bazar, District- Patna.
14. Arvind Kumar Son of Late Jag Narayan Singh, Resident of Village-
    Manglichak, P.O.- Suitha, P.S.- Parsa Bazar, District- Patna.
15. Anjani Kumar Son of Sri Arvind Kumar Singh, Resident of Village-
    Manglichak, P.O.- Suitha, P.S.- Parsa Bazar, District- Patna.
16. Neeraj Kumar Son of Sri Arvind Kumar Singh, Resident of Village-
    Manglichak, P.O.- Suitha, P.S.- Parsa Bazar, District- Patna.
17. Subodh Kumar Son of Sri Arvind Kumar Singh, Resident of Village-
    Manglichak, P.O.- Suitha, P.S.- Parsa Bazar, District- Patna.
18. Prakash Charlie Sinha Son of Late Dheo Narayan Singh @ Sheo Narayan
    Sinha, Resident of 50 Lexington Ave, Suite 154, New York, N.Y.- 10010
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            19. Gunjan Pinki Sinha @ Gunjan Sinha Daughter of Late Sheo Narayan Sinha,
                Resident of Kollwitzstr. 10 Berlin 10405, Germany.
            20. Nilam Kumari Wife of Sri Anil Kumar Sinha and Daughter of Late Ram
                Narayan Singh, Resident of Village- Bhupatipur, P.O.- Delwa, P.S.- Ram
                Krishna Nagar, District- Patna- 800020
            21. Pratibha Sinha Wife of Sri Rakesh Kumar and Daughter of Late Ram
                Narayan Singh, Resident of Flat No. E/4, Nirmal Residency, Near Bank of
                India, Babudih, Polytechnic Road, P.S.- Sadar Dhanbad, District- Dhanbad-
                828130
            22. Juli Kumari Wife of Sri Gautam Kumar and Daughter of Late Ram Narayan
                Singh, Resident of Village- Simra, P.O.- Parsa, P.S.- Parsa Bazar, District-
                Patna- 804453
            23. Sanju Kumari Wife of Sri Pankaj Kumar Sinha and Daughter of Late Ram
                Narayan Singh, Resident of Mohalla- Harish Chandra Nagar, P.O.- Dhelwan,
                P.S.- Beur, District- Patna.
            24. NHAI, through Project Director, P.I.U. Gaya.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s    :        Mr. Abinash Kumar, Advocate
                  For the Respondent/s    :        Mr. Sajid Salim Khan (SC-25)
                                                   Mr. Arif Daula Siddiqui, AC to SC-25
                  For the NHAI            :        Ms. Preety Ranjan, Advocate
                  For the Resp nos. 20-23 :        Mr. Aditya Nath Pandey, Advocate
                  For the Resp nos. 18&19:         Mr. Uday Bhanu Rai, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

11   21-04-2026                 Heard Mr. Abinash Kumar, learned counsel for the

                    petitioners, Mr. Uday Bhanu Rai, learned counsel for the

                    respondent nos. 18 and 19 duly assisted by Ms. Divya Kiran,

                    Mr. Arif Daula Siddiqui, AC to SC-25, Mr. Aditya Nath

                    Pandey for the respondent nos. 20 and 23 and Ms. Preety

                    Ranjan, learned counsel representing ‘the NHAI’.

                                2. The present petition has been preferred for the

                    following relief/s:

                                                “(i) for issuance of direction / directions
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                          upon the Respondent 1st set for releasing 25% of

                          compensation amount with stipulated interest in

                          to favour of petitioner with respect lands

                          appertaining to Khata No. 3, Khesra No.250,

                          Area 0.150731 Acre, Khata No.3, Khesra No.251,

                          Area 0.04942 Acre, Khata No. 18, Khesra No.256,

                          Area 0.160615 Acre, Khata No. 18, Khesra

                          No.257, Area 0.029652 Acre, Khata No. 56,

                          Khesra No.258, Area 0.400302 Acre, Khata No.

                          79, Khesra No.259, Area 0.303933 Acre, Khata

                          No. 18, Khesra No.262, Area 0.264397 Acre,

                          Khata No. 69, Khesra No.264, Area 0.108724

                          Acre & Khata No.37, Khesra No.265, Area

                          0.145789 Acre acquired through Land Acquisition

                          Case No. 51 of 2013-14 and 43 of 2015-16

                          situated at Mauza Mahull as well as lands

                          appertaining to Khata No.488, Kheera No 2745,

                          Area-0.059304 Acre, Khata No. 240, Khesra No.

                          2768, Area-0.158144 Acre, Khata No. 240,

                          Kheara No. 2770, Area-0.170400 Acre, Khata

                          No.310, Kheera No. 2775, Area-0.020052 Acre,

                          Khata No.370, Kheara No. 2024, Area-0.0247
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                          Acre, Khata No.175, Khesra No. 2767, Area-

                          0.284105 Acre, Khata No.528, Kheara No. 2800,

                          Area 0,400302 Acre, Khata No.480, Khesra No.

                          2898, Area-0.429954. Aere,      Khata   No.370,

                          Khesra No. 2020, Area-0.23005 Acre, Khata

                          No.385, Kheara No. 2927, Area-0,294049 Acre

                          acquired under Land Acquisition Case No. 49 of

                          2013-14 & 44 of 2015-16 situated at Mauza

                          Suitha for construction of Patna-Gaya-Dobhi

                          National Highway Road.”

                      3. The land, as recorded above, was acquired for the

          construction of Patna-Gaya-Dobhi National Highway Road

          (National Highway-83). The claim of the petitioners is/are

          that though the other agnates have received the part of the

          compensation amount, it has been denied to them.

                      4. The record shows that earlier the agnates were

          fighting Title Suit No. 12 of 2018 (Omprakash Singh vs.

          Prakash Charlee Sinha and others) which culminated into

          an order passed on 29.10.2024 wherein excluding the property

          (A-200 P.C. Colony Kankarbagh, Patna [Holding No.

          149/101/200A]) for which Om Prakash Singh has filed Civil

          Misc. No. 796 of 2022, with regard to all other lands which
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          include the lands in question which has been acquired, the

          Court came to the conclusion as follows:

                                      “However, after hearing both the sides,

                          vide order dated 23.09.2022 the property A-200

                          P.C.      Colony        Kankarbagh,   Patna,    P.S.

                          Kankarbagh, Holding No. 149/101/200A, (40' x

                          80 3200 Sq. ft.) had been deleted. The plaintiff has

                          preferred Civil Misc. No. 796 of 2022 against the

                          order dated 23.09.2022 of this court which is still

                          sub-judice.

                                      Thus, the instant judgment is being

                          passed with respect to all the properties except the

                          property A-200 P.C. Colony Kankarbagh, Patna,

                          P.S. Kankarbagh, Holding No. 149/101/200A, (40'

                          x 80'= 3200 Sq. ft.). The defendant nos. 3 and 4

                          have specifically admitted through their petition

                          dated 25.11.2022 that they would have no

                          objection if the plaintiff is granted relief as

                          sought. Both the parties have admitted unity of

                          title and possession with respect to the suit

                          property.

                                      Thus, the instant suit is hereby decreed
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                          and it is ordered that plaintiff Mr. Om Prakash

                          Singh, defendant no. 6 Ms. Nilam Kumari,

                          defendant no. 7 Ms. Pratibha Sinha, defendant no.

                          8 Ms. Juli Kumari, defendant no. 9 Ms. Sanju

                          Kumari and defendant no. 10 Ms. Shushila Devi

                          are jointly entitled to the 1/2 of the suit property

                          as enumerated in the Schedule I of the plaint.

                          Further, defendant no. no. 3 Mr. Charli Sinha and

                          defendant no. 4 Ms. Gunjan Sinha are entitled to

                          rest 1/2 of the suit property as enumerated in

                          Schedule 1 of the plaint.

                                      Having       regard   to   the   facts   and

                          circumstances of the case, parties are left to bear

                          the cost at their own.

                                      Office is directed to prepare preliminary

                          decree accordingly.

                                      All pending petitions stand disposed of

                          being infructuous.

                                      Put up on 04.12.2024 for receipt of

                          order of the Hon'ble High Court with respect to

                          Civil Misc. No. 796 of 2022 as well as for further

                          proceedings.”
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                      5. The aforesaid order which has not been challenged

          by any of the parties (plaintiff/defendants) shows that while the

          petitioner and his sisters are entitled to half of the share,

          Charlie Sinha and the other defendant, Gunjan Sinha are

          entitled to the rest half of the share. It is reiterated that the

          Civil Misc. No. 796 of 2022 has been preferred for the

          property at Kankarbagh, Patna which is not part of the

          acquisition which took place for Patna-Gaya-Dobhi road.

                      6. Learned counsel for the petitioner submits that

          while Charlie Sinha and Gunjan Sinha were paid part of the

          amount, rest admittedly, has been not disbursed so far as the

          petitioner-widow and son of late Ram Narayan Singh are

          concerned. In sum, they have not been given a single penny.

                      7. Mr. Uday Bhanu Rai representing the respondent

          Charlie Sinha and Gunjan Sinha accepts the petitioners version

          and submits that the land belongs to them. The Title Suit No.

          12 of 2018 has clearly recorded that both the parties are

          entitled to half of the share, the matter which is pending before

          the competent Court filed by the petitioner relates to a property

          at Kankarbagh and nothing to do with the present acquisition.

          Though the respondents have provided some amount but the

          entire amount is still awaited.
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                      8. On 10.03.2026, this Court directed the petitioner

          to approach the District Land Acquisition Officer, Patna on

          25.03.2026 who shall be taking up the matter further and shall

          be filing an affidavit in this regard.

                      9. Today, on call, the affidavit has come which

          include the affidavit filed by the District Land Acquisition

          Officer, Patna and in paragraph nos. 6 and 7, it has been

          recorded that a Title Partition Suit No. 50 of 2015 is pending

          before the learned Sub Judge-1st, Patna and as such, due to the

          said dispute, payment could not be made.

                      10. Learned counsel for the petitioner as also learned

          counsel representing respondent nos. 18 and 19 jointly submit

          that Jagnarayan Singh and others have been made party

          respondents in the present case, they were accordingly put on

          notice on 18.03.2024, have appeared by filing vakalatnama but

          are not opposing the prayer of the petitioners.

                      11. This Court has taken note of the appearance of

          the respondents and the contention of the petitioners is/are

          true.

                      12. The further submission is that the Title Suit No.

          50 of 2015 relates to different land and it is not the case of the

          respondents that so far as the land that has been acquired, they
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          have not made part payment to Charlie Sinha and Gunjan

          Sinha as also other respondents. In fact, Jagnarayan Singh and

          family have already received entire compensation amount so

          far as the present acquisition is concerned.

                      13. Having heard the parties and going through the

          aforesaid facts/records, it is not the case of the respondent-

          State that any objection has been raised by anyone much less

          the family of the Jagnarayan Singh before the DLAO, Patna

          regarding payment of the compensation amount to the

          petitioners/respondent nos. 18 and 19.

                      14. In that background, the points put forward by the

          respondents as put on affidavit by the District Land

          Acquisition Officer, Patna about pendency of Title Suit No. 50

          of 2015 has to be rejected.

                      15. The petitioners have clearly made out their case.

          They are, as such, entitled to the compensation amount if no

          objection is there in the office of the District Land Acquisition

          Officer, Patna against the payment that is to be made.

                      16. In that background, the writ petition stands

          disposed of directing the concerned Officer to release the

          amount in favour of the petitioners on the basis of the order

          passed in Title Suit No. 12 of 2018 (Omprakash Singh vs.
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                    Prakash Charlie Sinha and Anr.) which has not been

                    challenged by any of the parties and/or Jagnarayan Singh and

                    family.

                                17. Needless to add, the petitioners/respondent nos.

                    19 and 19 shall be filing an affidavit to the effect that in case it

                    is found that some other claimants was/were entitled to the

                    amount, they are ready to face the legal consequences. They

                    shall be further filing an affidavit that Title Suit No. 50 of 2015

                    is not related to the present land.

                                18. With the aforesaid observation, the writ petition

                    stands disposed of. Pending, Interlocutory Application, if any,

                    also stands disposed of.



                                                  (Rajiv Roy, J)
Adnan/-

U


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