Snehlata Sinha v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10089 of 2017 ====================================================== Snehlata Sinha Wife of Late Param Hans Narayan Singh resident of Paccigali, Betwan Bazar, P.S. Kasim Bazar, District Munger Permanent address Daulatpur P.s. bath Sultanganj, District Bhagalpur ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Sub Divisional Officer, Sadar, Bhagalpur 3.
The Block Development Officer, Sultanganj, Bhagalpur 4.
The Circle Officer, Sultanganj, Bhagalpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar Singh, Adv.
For the Respondent/s :
Mr. Dhurjati Kumar Pd. GP14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-04-2025 Heard Mr. Ajit Kumar Singh, learned counsel for the petitioner and Mr. Dhurjati Kumar Prasad, learned GP-14. Interlocutory Application No. 01/2020
2. The aforesaid Interlocutory Application has been filed for substitution of name of Ashwani Kumar in place of Snehlata Sinha who died on 03.07.2020.
3. Learned State counsel has objected to the said petition and submits that there is nothing on record to show that he is the sole heir and has only recorded that he is the son of Snehlata Sinha.
4. Mr. Ajit Kumar Singh, learned counsel for the petitioner submits that he is the sole heir and that submission should be recorded in the order.
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5. Taking into account the aforesaid facts, the Interlocutory Application No. 01/2020 stands allowed.
6. Let the name of Ashwani Kumar be incorporated as the sole heir in place of Snehlata Sinha.
Civil Writ Jurisdiction Case No.10089 of 2017
7. The writ petition has been filed for:- "Issuance of Writ in the nature of MANDAMUS or an appropriate writ or order or direction directing and Commanding the - respondents for following reliefs:- i. Issue a writ in the nature of Mandamus or an appropriate order or directions directing the respondents to pay the compensation of raiyati land of the petitioner after determining the latest market value of the land.
ii. issue a writ in the nature of Mandamus or an appropriate order or direction directing the respondents to impose a solatium amount equivalent to one hundred percent of the compensation.
iii. Pass such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
8. A counter affidavit of the year 2018 on behalf of Respondent No.4-the Circle Officer, Sultanganj, Bhagalpur is on
3/4 record and learned State counsel has taken this Court to paragraph-5 which reads as follows:- "5. That the Executive Engineer, Rural Works Department, Work Division, Bhagalpur reported vide letter no 1078 dated 14.05.2018 that road has been constructed under Pradhan Mantri Gram Sarak Yojna by Rural Works Department, Work Division, Bhagalpur. He reported that construction work of road was started in the year 2009-10. First of all, soil work was conducted and thereafter Grade-11 and Grade-Ill was completed and finally the pitch road was constructed. It took 3-4 years time. He further reported that the villagers informed that there was kachchi road prior to construction of this peach road which was used by the villagers. The villagers further informed that no objection was ever raised by the petitioner at any stage right from the time of transit walk till the construction of the road. He reported that there is no provision of compensation. Moreover, the petitioner has admitted in para-05 of the writ petition that she has voluntarily surrendered her land."
9. The counter affidavit has been served upon learned counsel for the petitioner on 12.09.2018 and the lady died in the year 2020, there is nothing on record to show that any rejoinder
4/4 was filed refuting the said claim.
10. In that background, no case is made out. The writ writ petition stands dismissed.
(Rajiv Roy, J) perwez U