Kishori Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11231 of 2018 ====================================================== Kishori Prasad Singh Son of Late Ram Sundar Singh, resident of VillageAmer Tola, Kramopur, P.O.- Nawa Nagar, P.S.- Bidupur, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Vaishali at Hajipur. 3.

The Land Acquisition Officer, Hajipur, District- Vaishali. 4.

The Circle Officer, Raghopur Block, District- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar, Adv.

For the Respondent/s :

Mr.Subhash Chandra Yadav -GP15 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-04-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. Learned Counsel for the petitioner submits that the present writ petition has been filed for directing the respondent authorities to make payment of compensation against the land acquired bearing Khata No.82 of Mauza- Shaifabad, Thana No.347 in different plot numbers in joint property of the petitioner with other co-sharer for the purpose of 6-lane Greeen Field Bridge over Ganga River bearing Land Acquisition Case No.41 of 2016-17. The specific direction was made that the said payment be made after judgment of partition suit bearing Partition Suit No.64 of 2018.

3. Counsel for the State submits that vide Annexure-2 of the writ petition, it becomes crystal clear that the acquisition process has been initiated by virtue of Land Acquisition Case

Patna High Court CWJC No.11231 of 2018(5) dt.28-04-2025 2/2 No.41 of 2016-17 and the petitioner has filed the application before this Hon'ble Court in the year 2018. He further submits that vide Annexure-5, it becomes also clear that partition suit has been filed before the competent court bearing Partition Suit No.64 of 2018.

4. In this view of the matter, the present writ petition is hereby disposed off directing the State that in case, the payment shall not be made with regard to said acquisition to the petitioner for raiyati land of Parbhudayal Singh and others till date, then payment shall be made only after declaration of title suit. But in case, the said payment has already been made with regard to the said acquisition, then the petitioner shall be at liberty to file case before the concerned person, who has received payment and not paid the amount to the petitioner adding party to the Land Acquisition Officer as party.

5. With the aforesaid directions and observations, the present writ application stands disposed off. (Dr. Anshuman, J.) Prakashmani/- U