Mojib Khan And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11330 of 2016 ====================================================== 1.

Mojib Khan and Anr Son of Late Seraj Khan 2.

Mahmood Khan Son of Late Seraj Khan Both residents of village - Pirpainti Bazar, P.O. Pirpainti Bazar, Police Station Pirpainti, District - Bhagalpur ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Land Acquisition officer, Bhagalpur 3.

The Executive Engineer, N.T.P.C. Project, Bhagalpur 4.

Chakravarti Singh Son of Late Madho Singh 5.

Binod Kumar Singh Son of Late Satya Narayan Singh 6.

Sunil Kumar Singh Son of Late Satya Narayan Singh 7.

Sushil Kumar Singh Son of Late Satya Narayan Singh 8.

Santosh Kumar Singh Son of Late Satya Narayan Singh 9.

Subhash Kumar Singh Son of Late Satya Narayan Singh 10.

Sanjeeb Kumar Singh Son of Late Satya Narayan Singh 11.

Radhika Devi Wife of Late Sarwajeet Singh 12.

Shailendra Kumar Singh Son of Late Sarwajeet Singh 13.

Rakesh Kumar Singh Son of Late Sarwajeet Singh 14.

Satyaj Bahadur Singh Son of Late Sarwajeet Singh 15.

Vivak Kumar Singh Son of Late Sarwajeet Singh 16.

Manorwa Devi Wife of Late Indrajeet Singh 17.

Mukesh Kumar Singh Son of Late Indrajeet Singh 18.

Anil Kumar Singh Son of Late Indrajeet Singh 19.

Arbind Kumar Singh Son of Late Indrajeet Singh 20.

Birendra Kumar Singh Son of Late Indrajeet Singh Sl. No. 4 to 20 resident of village - Topra Tola, P.O. Sirmatpur, Police Station Pirpainti, District - Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar, Advocate For the Respondent/s :

Smt.Kumari Amrita, G.P.-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-01-2026 Heard the parties.

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2. The present petition has been preferred for the following relief/s:

(i) for issuance of a writ of certiorari or any other appropriate writ order, orders direction for quashing the order dated 03.05.2015 passed by the District Land Acquisition Officer, Bhagalpur in Land Acquisition Case No. 25/2010-11 by which most arbitrary and illegally directed to pay the compensation amount of the acquired land (described below) for N.T.P.C. Project, Bhagalpur, to the private respondents including the land of the petitioner on which the petitioners have absolute title, holding and possession by in-heritate from their ancestors;

(ii) for issuance of writ of mandamus or any other appropriate writ, order, direction commanding the respondents to make payment of compensation amount to the petitioners in respect of land (described below) acquired for N.T.P.C. Project

3/4 verifying title, holding and possession properly;

(iii) for grant of ad-interim stay in operation of impugned order contained in Annexure-1 till the disposal of this writ application;

(iv) for grant of any other relief or reliefs for which the petitioner is entitled, deemed fit and proper in the facts and circumstances of the case.

3. A counter affidavit has come on behalf of respondent nos. 01 and 02.

4. Learned State counsel has taken this Court to the letter no.29 dated 12.08.2021 issued by the District Land Acquisition Officer, Bhagalpur, according to which, the Certificate Officer has been directed to take steps for recovery of the amount from respondent, Chakrawarti Singh and others. The submission of learned State counsel is that already appropriate steps have been taken.

5. Learned counsel representing the petitioners submit that to his knowledge, the certificate proceeding has not been filed.

6. A letter has been issued and the same has been

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7. This Court expects that the certificate proceeding already stands initiated against Chakrawarti Singh and others and if the same has not been filed, it has to be filed in next sixty days.

8. Since the prayer of the petitioners has already been taken care by the State respondent, with the direction aforesaid, the writ petition is disposed of.

(Rajiv Roy, J) Ravi/- U