Mukhiya Kunwar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13439 of 2017 ====================================================== Mukhiya Kunwar Wife of Late Ram Janm Singh, Resident of Village- Takiya, Ward No.3, P.O.- Takiya Bazar, District- Rohtas Bihar. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Bihar Agricultural Produce Market Committee, Takiya Sasaram, P.O.- Takiya Bazar, District- Rohtas 3.

The District Magistrate, District- Rohtas Bihar. 4.

THe Sub Divisional Officer, Sub-Division Sasaram, Distt- Rohtas Bihar. 5.

The Circle Officer, Circle Sasaram, District- Rohtas Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ful Man Singh, Advocate For the Respondent/s :

Mr.Raj Kishore Roy-Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-05-2024 Heard the parties.

2.

The present application has been preferred for issuing writ in the nature of mandamus or any other writ/writs, order/orders, direction/directions to the respondents to pay the arrears amount of present value of the acquired land with 18% statutory interest till the date of payment.

3. Earlier, on 15.4.2024, when the matter was taken up, the State had placed the counter affidavit on behalf of the respondent no.3, the District Magistrate, Rohtas at Sasaram and

Patna High Court CWJC No.13439 of 2017(3) dt.07-05-2024 2/3 paragraph-10 read as follows:

"10. That it is stated in the context that said Ramjanam Singh has died and the petitioner Mukhiya Kunwar is his widow, so, with the consent of all the legal heirs of late Ramjanam Singh, including the petitioner payment has been made in the account of his one son namely Rambhajan Sing".

4. As per it, on the basis of the authority given to one of the family members, Ramjanam Singh, the payment was made. However, as the learned counsel for the petitioner raised objection that it is not clear whether the lady had given consent, it was adjourned with a direction to the respondents to file supplementary counter affidavit on the point whether the lady had also given her consent or not.

5. The supplementary counter affidavit of respondent no.3 duly signed by the District Land Acquisition Officer, Rohtas at Sasaram has been filed annexing the authority given by entire family members on 24.10.2020 and a perusal of it would show that the petitioner herein, Mukhiya Kunwar has also given her LTI and the name incorporated and certified

Patna High Court CWJC No.13439 of 2017(3) dt.07-05-2024 3/3 (Annexure-R/B) to the supplementary counter affidavit. On the basis of such certificate, the son, Ramjanam Singh received Rs. 868005/- on 31.10.2020.

6. From the aforesaid facts, it is clear that the petitioner, on ill advice, is continuing with the writ petition despite the fact that the entire payment has been made by the respondents in the year 2020 itself.

7. Only because, she is a lady and as per the affidavit, is more than 80 years of age, this Court is refraining from imposing any cost.

8. The writ petition stands dismissed.

(Rajiv Roy, J) Ravi/- U