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Patna High Court

Hetu KishunversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the award must be amended to include the statutory benefits and the counsel’s name must be corrected, and accordingly modified the earlier judgment.

Summary

The petitioner, Hetu Kishun, appealed the judgment dated 14‑10‑2025 in F.A. Nos. 322, 323 and 325 of 1994, contending that the award omitted statutory benefits under the Land Acquisition Act. The petitioner also pointed out that the name of his counsel was incorrectly recorded in the judgment. The Court examined the submissions and found merit in both contentions. It directed the concerned office to incorporate the benefits prescribed under Sections 23(1‑A), 23(2) and 28 of the Land Acquisition Act while preparing the award. Additionally, the Court ordered that the name of the petitioner’s counsel be corrected to Mrs. Sheela Sharma in the judgment. The order thereby modified paragraph 1 and paragraph 5 of the earlier judgment.

Issues considered

  • Whether the award should include statutory benefits under Sections 23(1‑A), 23(2) and 28 of the Land Acquisition Act.
  • Whether the name of the petitioner’s counsel should be corrected in the judgment.

Legislation cited

Subjects

  • Land Acquisition
  • Statutory Benefits
  • Judgment Modification
  • Correction of Record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.3900 of 2025
                                                     In
                                      FIRST APPEAL No.322 of 1994
                 ======================================================
                 Hetu Kishun S/o Late Gudar Sao, Resident of Village- Moshimpur Kurtha,
                 P.S.- Fatwah, District- Patna at present residing at Village- Govindpur,
                 Maharani Chowk, P.S.- Fatwah, District-Patna.

                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mrs. Sheela Sharma, Advocate
                                                Mr.Shivendra Kumar Roy, Advocate
                                                Ms. Smriti Kumari Singh, Advocate
                 For the Opposite Party/s :     Mr. Government Pleader 19, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-01-2026                   Learned counsel for the petitioner has submitted that

                   the judgment dated 14.10.2025 passed in F.A. Nos. 322 of 1994,

                   323 of 1994 and 325 of 1994, statutory benefit is not there in the

                   said judgment. As such, it has been prayed that the direction

                   may be issued to the office that while preparing award the

                   statutory benefits enshrined under Sections 23(1-A) and 23(2)

                   and 28 of the Land Acquisition Act also be added.

                                 2. Office is directed to do the needful.

                                 3. Let the Judgment dated 14.10.2025 be modified to

                   that extent i.e., para no. 1.

                                 4. Learned counsel for the petitioner has also

                   submitted that her name/appearance does not find place in the
            Patna High Court MJC No.3900 of 2025(2) dt.09-01-2026
                                                        2/2




                      said judgment dated 14.10.2025.

                                   5. Let the name of learned counsel for the appellants

                      in the judgment dated 14.10.2025 be read as Mrs. Sheela

                      Sharma in place of Mr. Ram Nandan Prasad Sinha.

                                   6. Judgment dated 14.10.2025 is modified to the

                      above extent i.e., para no- 5.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U


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