Satish Prasad Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18527 of 2017 ====================================================== 1.

Satish Prasad Kumar and Ors son of Late Krishna Prasad, Resident of Village- Khem Karan Saray Kurtha, P.S.- Kurtha, District- Arwal. 2.

Satyanarain Prasad, son of Late Ayodhya Prasad, Resident of Village- Khem Karan Saray Kurtha, P.S.- Kurtha, District- Arwal. 3.

Shambhu Prasad, son of Late Ayodhya Prasad, Resident of Village- Khem Karan Saray Kurtha, P.S.- Kurtha, District- Arwal. 4.

Onkar Prasad, son of Late Ayodhya Prasad, Resident of Village- Khem Karan Saray Kurtha, P.S.- Kurtha, District- Arwal. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Old Secretariat, 3.

The Principal Secretary, Water Resources Department, Government of Bihar, Patna. null null 4.

The Commissioner, Magadh Division, Gaya.

5.

The Collector, Arwal.

6.

The Additional Collector, Arwal.

7.

The Special Land Acquisition Officer, Sone Planning Auragabad, Bihar. null null 8.

The Deputy Collector, Land Reforms, Arwal. null null 9.

The Circle Officer, Kurtha.

10.

The Executive Engineer, Punpun Bazar, Division- 2, Water Resources Department, Goh, District- Auran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Navin Prasad Singh, Advocate Mr. Narayan Singh, Advocate For the Respondent/s :

Mr.Akhileshwar Singh, G.A.-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-06-2025 Heard the parties.

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

Patna High Court CWJC No.18527 of 2017(2) dt.23-06-2025 2/3 (i) for issuance of writ in the nature of Mandamus commanding upon the respondents to pay compensation to the petitioners as per Act and to Rules amended upto date, of the land under acquisition process which is notified on 04.02.2008 at the direction of the Special Land Acquisition Officer, Sone Planning Aurangabad by the Additional Collector, Arwal;

(ii) for issuance of direction to the respondents to stop the work of canal and construction of bridge over the land of the petitioners till payment of compensation;

(iii) for any other appropriate relief (s) to the petitioners for which they may be found entitled to in the eye of law.

3. A counter affidavit on behalf of respondent no.7 is on record and paragraph-8 read as follows:

8.That it would apparent from the said notification and declaration that the

Patna High Court CWJC No.18527 of 2017(2) dt.23-06-2025 3/3 lands of the petitioners bearing plot nos.

462, 463, 464, 468 and 471 are not included in the said notification for acquisition as plot nos. 462, 463, 464 and 468 are 'Bakast' land of the petitioners and plot no. 471 is 'Gaır Mazarua Malik' land. As such the Circle Officer, Kurtha was requested vide letter no. 619, 620 and 621 dated 20.10.2011 to verify ownership of the said plots.

4. Learned counsel for the petitioners submit that in view of the said stand of the State, the writ petition can be disposed of.

5. The aforesaid facts/reply of the State has been recorded in the writ petition which shows the facts otherwise.

6. The writ petition stands disposed of.

(Rajiv Roy, J) Ravi/- U