Surendra Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4931 of 2016 ====================================================== Surendra Prasad Son of Late Kuwar Mahto, resident of Village- Manjaitha, P.S. Chhabilapur, District- Nalanda.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Director Land Acquisition and Rehabilitation, Water Resource Department, Bihar, Patna.

3.

The District Magistrate cum-Collector Nalanda. 4.

The Additional District Magistrate cum-Collector, Nalanda, District Nalanda.

5.

The Block Development Officer, Ranger District Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the State :

Mrs. Archana Meenakshee, GP-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-09-2025 Heard the parties.

2. The present petition has been preferred for the grant of following relief(s):

"(i) for issuance of an appropriate writ in the nature of MANDAMUS Commanding and directing the Respondent Authorities to pay the amount of Compensation against the Land of the petitioner along with others have been acquired by the Government in the year 1969-70 under "PAIMAR SINCHAI SCHEME" (Paimar Irrigation Scheme) in which petitioner land

Patna High Court CWJC No.4931 of 2016(3) dt.01-09-2025 2/3 operating to khata No. 20, Khesra No. 5050, Area 73 decimal and khata No. 25. Khesra No.

545 area 6 decimal total 19 decimal have been acquired.

It is further prayed that since the Compensation amount has not been paid at that time when land of petitioner along with others have been acquire why back in the year 1969-70 therefore the said amount ought/must be paid at the present rate and as per present circular of land acquisition.

And further the amount of Compensation be paid including statutory and penal interest.

(ii) further for issuance of any other appropriate writ/writs, order/orders direction/directions for which petitioner shall be found entitle under the facts and circumstance of the case."

3. Pursuant to the last order dated 21.07.2025, a supplementary counter affidavit of the Executive Engineer, Irrigation Division, Biharsharif has come according to which in

Patna High Court CWJC No.4931 of 2016(3) dt.01-09-2025 3/3 the year 2023 itself, to be precise on 28.06.2023, the payments have been made to the petitioner, Surendra Prasad (Rs.5,70,000/-).

4. Though the document show that the payment order of Rs.5,70,000/- has been made, learned counsel for the petitioner submits that it is not clear whether it has been deposited in the account of the petitioner or not and/or whether he has been informed or not.

5. Accepting the version of the learned State counsel, that the payment has been made, the writ petition is disposed of. However, if the payment has not been made, the petitioner shall be free to file contempt petition against the Executive Engineer, Irrigation Division, Biharsharif, Nalanda according to whom, the payment has been made on 13.07.2023.

6. The writ petition stands disposed of with the aforesaid observation.

(Rajiv Roy, J) vinayak/- U