Smt. Lal Kuwar Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16150 of 2017 ====================================================== Smt. Lal Kuwar Devi W/o Mulla Rai, Village- Bhara Chack, P.S.- Janipur, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors null null 2.

The State of Bihar through Chief Secretary, Old Secretariat, Patna. 3.

The Chairman, Railway Board, New Delhi.

4.

The Commissioner, Patna Division, Patna.

5.

The District Collector, Patna.

6.

The Land Acquisition Officer, District Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Mohan Mishra, Advocate For the State :

Mr. Manoj Kumar Sinha, AC to SC19 For the Respondent No.3:

Mr. Ramadhar Shekhar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-05-2025 Re: I.A. No.01 of 2025 I.A. No.01 of 2025 has been filed for substituting the sole heirs and legal representative of the sole petitioner, Smt. Lal Kuwar Devi, who died on 06.05.2019.

2. Since, all the respondents are State and they have no opposition, I.A. No.01 of 2025 is allowed.

3. Let the name of the substituted heir of Smt. Lal Kuwar Devi, be replaced by Madan Ray.

CWJC No.16150 of 2017

4. Heard Mr. Krishna Mohan Mishra, learned counsel for the petitioner, Mr. Manoj Kumar Sinha, learned counsel for

Patna High Court CWJC No.16150 of 2017(2) dt.05-05-2025 2/3 the State and Mr. Ramadhar Shekhar, learned counsel for the respondent no.3.

5. The present writ petition has been filed for seeking following relief(s):

"i. To issue appropriate writ directing the respondent to cancel the award drawn by Land Acquisition Officer, Patna and re-determine and compute the value of compensation with respect to the land in Land Acquisition Case No. 17 of 2005-2006 in Mauza Adapha, Thana No. 65 Khata No.

51, Keshra No. 1740 measuring area 14.5 decimal.

ii. To hold and declare that the declaration of award/ Panchart vide No. 157 is bad and illegal in view of the fact that the land was acquired in the year 2005-2006 however the payment of compensation has been made in 2017 as per old rate therefore the proceeding initiated in 2005-06 became lapse by operation of law as such fresh proceeding under the Act should have been initiated.

iii. To issue any other writ/writs, order/orders, direction/directions as your honour deem fit and proper."

6. Learned counsel for the petitioner, after some

Patna High Court CWJC No.16150 of 2017(2) dt.05-05-2025 3/3 arguments submits, that he may be allowed to approach the competent authority for the redressal of the grievance.

7. Granting such liberty to approach the competent authority in next four weeks, the writ petition is disposed of. (Rajiv Roy, J) anand/- U