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Patna High Court

Satyajit Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is dismissed because the petitioner failed to establish authority to represent his wife for the compensation claim.

Summary

The petitioner, Satyajit Kumar Singh, filed a writ petition seeking (i) completion of the bedding work of a gas pipeline by GAIL, (ii) payment of compensation to his wife Anu Singh and two other family members under the Right of User, (iii) a no‑objection certificate for his land, and (iv) a mandamus directing the respondents to comply with an earlier order dated 5 April 2018 that mandated compensation under Section 10 of the Petroleum and Minerals‑Pipelines Act, now read with Section 26 of the Land Acquisition Rehabilitation and Resettlement Act, 2013. The respondents argued that the petitioner had not produced a power of attorney or affidavit authorising him to represent his wife. The Court observed that while a citizen’s liberty to approach the authorities is recognised, the petition lacked the necessary documentation to establish the wife’s authority, and consequently the petition was disposed of without granting the reliefs. The decision rests on procedural deficiency rather than the merits of the compensation claim.

Issues considered

  • Whether the petitioner can claim compensation on behalf of his wife without a power of attorney or affidavit.
  • Whether the Court can issue a mandamus directing completion of the gas pipeline work and payment of compensation under the Petroleum and Minerals‑Pipelines Act and LARR Act.

Legislation cited

Subjects

  • gas pipeline
  • compensation
  • Right of User
  • mandamus
  • land acquisition
  • LARR Act
  • Petroleum and Minerals‑Pipelines Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5993 of 2024
                 ======================================================
                 Satyajit Kumar Singh S/o or C/o Kaushlendra Pratap Narayan Singh, R/o
                 Village- Poiwan, P.S. - Muffasil, District - Aurangabad.
                                                                          ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar through the Chief Secretary, Bihar.
           2.    The District Magistrate-cum-Collector-cum Land Acquisition officer
                 Aurangabad.
           3.    The Additional District Magistrate, Aurangabad.
           4.    The Deputy Collector of Land Reforms (DCLR), Aurangabad.
           5.    The Circle Officer, Aurangabad.
           6.     The Deputy General Manager of GAIL India Limited, Gaya.
                                                                      ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs. Mukul Kumari, Advocate
                 For the State            :        Mr. Government Pleader 22
                                          :        Mr. Rakesh Ranjan, AC to GP-22
                 For the GAIL             :        Mr. Uday Bhan Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   28-04-2026                     Hears Mrs. Mukul Kumari, learned counsel for the

                   petitioner and Mr. Uday Bhan Singh, learned counsel

                   representing the Gas Authority of India Limited and Mr. Rakesh

                   Ranjan, learned AC to GP-22.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                              “(i) to completed the work of the bedding of

                                        Gas Pipeline by the GAIL India Limited,

                                        Aurangabad as soon as possible.

                                                   (ii) to pay the compensation amount

                                        according to the Right of User (ROU) to the wife
Patna High Court CWJC No.5993 of 2024(5) dt.28-04-2026
                                            2/3




                             of the petitioner namely Anu Singh and two

                             others 1. Sanjiti Devi @ Sanjiti Singh, 2. Babli

                             Singh since 2019 to till date whatever they are

                             entitled to.

                                           (iii) to give the no objection of the land

                             of the petitioner in his possession after

                             completing       the     work     by    the        respondent

                             authorities.

                                           (iv) to issuance of writ in nature of

                             mandamus or any appropriate writ/ Writs, order

                             and direction to direct the respondent authorities

                             to pay the compensation amount to the

                             petitioner.

                                           (v) for non compliance of the order

                             dated     05.04.2018         passed    by     the     Deputy

                             Collector       of     Land     Reforms,      Aurangabad

                             whereby and where under it has clearly

                             disclosed      that    the    Raiatea       will     get   the

                             compensation amount under section 10 of the

                             Petroleum and Minerals-Pipelines Act (PMP)

                             -1962 which has been converted into section 26

                             of the Land Acquisition Rehabilitation and
            Patna High Court CWJC No.5993 of 2024(5) dt.28-04-2026
                                                        3/3




                                         Resettlement Act (LARRA), 2013 in light of

                                         notification dated 28.08.2015 by the Central

                                         Government of India. It has further disclosed

                                         that the GAIL India Limited, Aurangabad will

                                         pay the compensation amount under section 26

                                         of the LARR Act 2013 to all the Raiyatee who are

                                         entitled to.”


                                  3. At the outset, learned counsel representing the

                      respondents submit that the petitioner is batting for Anu Devi

                      (his wife) and there is nothing on record to show that she has

                      given power of attorney and/or any affidavit has been attached

                      with the writ petition in this regard.

                                  4. At this stage, learned counsel for the petitioner

                      submits that it will suffice if Anu Devi is allowed to agitate the

                      matter before appropriate respondent authority.

                                  5. The said liberty is always always available to a

                      citizen much less the wife of the petitioner. The writ petition is

                      disposed of with the aforesaid observation.



                                                    (Rajiv Roy, J)
vinayak/-

U


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