Patna High Court
Bibi Safina and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed for non‑prosecution.
Summary
The petitioners Bibi Safina and others filed a writ petition seeking to quash an order dated 11‑10‑2014 of the Land Acquisition Officer‑Collector under the Land Acquisition Act, 1984, which rejected their claim to a 2/5 share in Award No. 269 dated 26‑11‑2012, to direct a reference under section 30 of the Act to determine their entitlement, and to restrain the respondents from withholding the remaining 20% compensation payable under the final award. No counsel appeared on behalf of the petitioners, while the State Counsel, Mr Ajay Bihar Sinha, represented the respondents. The respondents filed a counter‑affidavit stating that a title suit (No. 14 of 2013‑14) was pending between the parties before a court in Bhagalpur. Since the petitioners failed to appear, the Court dismissed the writ petition for non‑prosecution and disposed of any interim applications.
Issues considered
- Whether the order of the Land Acquisition Officer‑Collector rejecting the petitioners' claim to a legal share can be quashed
- Whether the petitioners are entitled to a 2/5 share in Award No. 269 dated 26‑11‑2012
- Whether a reference under section 30 of the Land Acquisition Act, 1984 is required to determine the petitioners' entitlement
- Whether the respondents are liable to pay the remaining 20% compensation under the final award
Legislation cited
- Land Acquisition Act, 1984 — s. 30
Subjects
- land acquisition
- writ petition
- quash order
- compensation
- non‑prosecution
- section 30
- award
- title suit
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9608 of 2015
======================================================
Bibi Safina and Ors
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Ajay Bihar Sinha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 20-01-2026 No one appears on behalf of the petitioners though
Mr. Ajay Bihar Sinha, learned State Counsel is present.
2. The present application has been preferred for the
following relief(s):
a) To quash the order dated
11.10.2014 passed by the Respondent Land
Acquisition Officer- Collector under the
Land Acquisition Act, 1984 (hereinafter
referred to as the Act) whereby and
whereunder, the application filed by the
petitioners claiming their legal share i.e.
2/5th share in the award No. 269 dated
26.11.2012 has been rejected.
b) To direct the Respondent No.2
to make a reference under section 30 of the
Act to decide as to whether the petitioners
are entitled to their legal share in the Award
No. 269 dated 26.11.2012.
Patna High Court CWJC No.9608 of 2015(3) dt.20-01-2026
2/2
c) To restrain the respondents to
pay the remaining 20% of compensation
under final award to Respondent Nos. 3,4
and 5.
3. A counter affidavit has come on behalf of the
respondent no. 2 in which it has been informed that a Title Suit
No. 14 of 2013-14 is pending between the parties, who are own
brothers/sisters, before a Competent Court at Bhagalpur.
4. Be that as it may, since there is no appearance, the
writ petition is dismissed for non-prosecution.
5. I.A., if any, also stands disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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