Patna High Court
Saraswati Devi @ Saraswati KunwarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The State of Bihar must pay the amount due under the Bihar Raiyati Land Lease Niti, 2014 with the petitioner’s objection, within eight weeks.
Summary
The petitioner, Saraswati Devi, filed a writ petition seeking payment of an amount due under the Bihar Raiyati Land Lease Niti, 2014, but with an objection. The State of Bihar opposed the claim, leading to a dispute over whether the payment should be made and the procedural aspects of the petition. The court examined the petitioner's readiness to accept the amount with objection and considered the State’s obligation to comply. It directed the State to make the payment within eight weeks, acknowledging the objection. Consequently, the contempt proceedings initiated earlier were dropped and the writ petition was dismissed.
Issues considered
- Whether the State of Bihar is liable to pay the amount claimed by the petitioner under the Bihar Raiyati Land Lease Niti, 2014 with objection.
- Whether the contempt proceedings against the State should continue in view of the pending payment issue.
Subjects
- Land lease
- Payment with objection
- Bihar Raiyati Land Lease Niti
- Contempt proceedings
- High Court
- Writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3024 of 2023
In
Civil Writ Jurisdiction Case No.366 of 2023
======================================================
Saraswati Devi @ Saraswati Kunwar W/o Late Chandrama Prasad Resident
of Village-Gorea Kothi, P.S.- Goria Kothi, District- Siwan
... ... Petitioner/s
Versus
1. The State of Bihar through Sri Pratyaya Amrit, Principal Secretary, Road
Construction Department, Govt. of Bihar, Patna
2. Sri Mukul Kumar Gupta, the District Magistrate-cum-Collector, Siwan,
3. Sri Sunil Kumar, Executive Engineer. Road Construction Department, Govt.
of Bihar, Patna.
4. Sri Rajesh Kumar Singh, Land Acquisition Officer, Siwan
5. Sri Arun Kumar Saroj, the Circle Officer, Goria Kothi, Siwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Upadhyay, Advocate
Mr. Raju Prasad, Advocate
Mr. Harendra Kumar, Advocate
For the Opposite Party/s : Mr. Manoj Kumar Ambastha (SC-26)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
12 03-04-2026 Learned counsel for the petitioner and learned counsel
for the State are present.
2. Learned counsel for the petitioner submits that it
has been instructed by the petitioner that she is ready to accept
the proposed amount under the Bihar Raiyati Land Lease Niti,
2014 only with objection.
3. State is directed to make payment of the said
amount with objection. Counsel for the State submits that
payment shall be made within eight weeks.
Patna High Court MJC No.3024 of 2023(12) dt.03-04-2026
2/2
4. As such, the contempt proceeding is hereby
dropped and the present M.J.C. petition stands dismissed.
(Dr. Anshuman, J)
Divyansh/-
U
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