Shakuntla Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9754 of 2017 ====================================================== Shakuntla Devi wife of Rambriksh Singh, resident of Village- Benipur, Police Station- Vaishali, District- Vaishali.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Director, Land Acquisition, Government of Bihar. 3.

The Director, Land Records and Survey, Government of Bihar. 4.

The District Magistrate cum Collector, Muzaffarpur. 5.

The Land Acquisition Officer, Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saroj Kumar Sharma, Adv.

For the Respondent/s :

Mr. Birendra Prasad Sing, AC to Sc19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-06-2025 Heard the parties.

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

(i) For the issuance of an appropriate writ/writs in nature of mandamus for commanding and directing the authority concerned for the payment of award and compensation to the petitioner under Land Acquisition Act, whose agricultural land vide Khata No. 159, Khesra No. 356, Area- 0.42 Decimal and Khata No. 160, Khesra No. 365, Area- 0.02 Decimal situated in Mauza- Manikpur, Thana No. 471 District- Muzaffarpur, which was notified for acquisition in year 2006

Patna High Court CWJC No.9754 of 2017(2) dt.24-06-2025 2/3 relating to the construction of railways line between Hazipur and Sugauli and same was acquired by the respondent authority without giving any payment of award and compensation to the petitioner under provision of law.

(ii) For the direction to the concern respondent authority for the payment of award relating to the acquisition of aforesaid agricultural land of petitioner at the rate of present market value and compensation for delay in payment of award which is pending since year 2006. And for any other reliefs/reliefs for which the petitioner is found to be entitled under the provision of law involved in the present case.

3. Despite two copies of the petition being handed over to the office of learned Advocate General, Bihar, Patna and in turn to the Standing Counsel-19, no counter affidavit is on record.

4. The Court has two options, either to impose cost upon the respondents and/or to direct the petitioner to approach before the concerned authority.

5. The prayer is very simple, the land has been acquired and she wants compensation.

6. In that background, if any decision has not been

Patna High Court CWJC No.9754 of 2017(2) dt.24-06-2025 3/3 taken and/or if the petitioner is entitled to compensation and has not been paid, the petitioner shall be approaching the respondent nos. 4 and 5 in next four weeks with all the relevant documents who shall be taking the same to its logical conclusion in next three months after the filing of the fresh petition.

7. Needless to say if the petitioner is found entitled to the compensation, the payment shall be made to her in next eight weeks.

8. The writ petition is disposed of with the aforesaid observation.

(Rajiv Roy, J) Vijay Singh/- U