Manoj Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 13613 of 2017 ====================================================== 1.

Manoj Kumar and Ors 2.

Bijay Kumar 3.

Suresh Prasad Tanti All sons of Late Mahavir Tanti 4.

Gita Kunwar wife of Late Rajendra Prasad, Daughter of Mahavir Tanti All residents of Tola Ramnagar, Ward No. 15, Daudnagar, District Aurangabad. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

District Magistrate, Aurangabad.

3.

Executive Engineer, Road Construction Department, Road Sub Division No. 1, Aurangabad.

4.

Deputy Collector, Land Reform-cum-Land Acquisition Officer, Daudnagar, District Aurangabad.

5.

Circle Officer, Daudnagar, Aurangabad.

6.

Sub Registrar, Sub Registration Office, Daudnagar, District Aurangabad. 7.

The Managing Director, BRPNNL.

8.

The Senior Project Engineer, Works Division, Gaya. 9.

The Arbitrator-cum-Divisional Commissioner, Magadh Division, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Chandra Bhaskar, Adv.

For the Respondent/s :

Mr. Manoj Kumar Ambastha, SC-26 Mr. Divit Vinod, AC to SC-26 Mr. Santosh Mishra, AC to SC-26 For BRPNNL :

Mr. Dr. Anand Kumar, Adv.

Ms. Vijeta Kumari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-02-2026 Learned counsel for the petitioners pray for and is allowed to implead the Arbitrator-cum-Divisional Commissioner, Magadh Division, Gaya as respondent no. 9 in course of the day.

2. Heard Mr. Santosh Chandra Bhaskar, learned counsel for the petitioners and Mr. Manoj Kumar Ambastha, learned State Counsel as also Dr. Anand Kumar representing the Bihar Rajya Pul Nirman Nigam Limited (BRPNNL).

Patna High Court CWJC No. 13613 of 2017(6) dt.02-02-2026 2/3

3. The present application has been preferred: for issuance of an appropriate writ, order or direction, directing and commanding the respondents to make payment of compensation of the land acquired by the Road Construction Department, according to the valuation done and notified by the respondents-D.M and Sub. Registrar, which has been illegally denied by paying compensation at a lower rate of valuation and further for any other writ or any direction to which the petitioners are found fit and entitled.

4. The matter relates to the construction of HLRCC bridge over river sone between Daudnagar- Nasirganj road. The claim of the petitioners is/are two-fold:

(i) necessary correction in the lease deed (Annexure-1) inasmuch as the area has been recorded in ward no. 5 which actually should have been recorded as ward no. 15;

(ii) for enhanced compensation.

5. It is to be noted that in the perpetual lease agreement, the name of Rammurti Devi, Lalti Devi, Munna Devi and Mina Devi have been recorded as daughters of Mahavir Tanti but they are neither the petitioners before this Court nor impleaded as respondents second set by the petitioners present in the writ petition.

6. The stand of the respondents is/are that the payments

Patna High Court CWJC No. 13613 of 2017(6) dt.02-02-2026 3/3 have been made and in case, the petitioner further wants enhanced amount, have to move before the Registry Office for the necessary correction in the ward number and then to move before the Arbitrator-cum-Divisional Commissioner, Magadh Division, Gaya which has been impleaded as respondent no. 9 in the present case.

7. This Court has taken note of the submissions of the parties and is in line with the stand of the respondents that the petitioner has to first make necessary correction and then to move before appropriate authority for the enhanced compensation prayer.

8. Learned counsel for the petitioner submits that he shall be taking appropriate steps by firstly moving before the Registry Office, Daudnagar so that necessary correction is/are made and they shall make prayer for enhanced compensation.

9. In that background, the writ petition is disposed of allowing the petitioner to move before the appropriate authority/Courts for the redressal of the grievance as recorded above.

(Rajiv Roy, J) Vijay Singh/- U