Upendra Kumar Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17733 of 2018 ====================================================== 1.

Upendra Kumar Singh and Ors S/o Late Ramdeo Singh, 2.

Rekha Devi, W/o Late Sartyendra Kr. Singh, S/o Late Ramdeo Singh, 3.

Vijay Pratap Singh, S/o Late Nathuni Singh, 4.

Braj Kishore Singh, S/o Late Nathuni Singh.

5.

Shyam Sundar Singh @ Vikash Singh, S/o Late Dinanath Singh, All R/o Mauza- Chikni, P.O. P.S.- Raxaul, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Principal Secretary, Revenue and Land Reforms, Government of Bihar, Patna.

3.

The Principal Secretary, Department of Home, Bihar, Patna. 4.

The Director, Land Acquisition, Bihar, Patna. 5.

The Joint Secretary, Department of Home, Bihar, Patna. 6.

The Collector, Motihari.

7.

The Land Acquisition Officer, Motihari.

8.

The Union of India, through the Ministry of Home Affairs, Government of India, through its Secretar 9.

The Secretary, Border Management Ministry of Home Affairs, Government of India, North Block, New De ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mallika Mazumdar, Adv.

For the Respondent/s :

Mr. Rishi Raj Sinha- Sc19 For UOI :

Mrs. Punam Kumari Singh, CGC Mr. Vaibhav Kumar Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-09-2025 Heard Mrs. Mallika Mazumdar, learned counsel for the petitioner and the state.

2. The present application has been preferred: for a direction for payment of the money to the farmers whose land have been

Patna High Court CWJC No.17733 of 2018(4) dt.22-09-2025 2/3 acquired in 2011 by S.S.B. (Seema Surkhsa Bal) for Construction of its Head Quarters in Mauza Chikni, District E. Champaran.

And the entire compensation money has not been paid to farmers. The rest money should be paid with interest amount. That the remaining amount should be paid as per new Act.

3. As usual, the State has not filed any counter affidavit, though the Sashastra Seema Bal, respondent nos. 8 and 9 have filed the counter affidavit stating that they have released all the amount to the District Land Acquisition Officer, East Champaran, Motihari. It is unfortunate that despite filing of the writ petition in the year 2018 after service of copy to the office of the learned Advocate General, Bihar, no counter affidavit on behalf of the respondent nos. 6 and 7 is/are on record.

4. Instead of imposing cost upon the Staterespondents and adjourning the matter, this Court deems it fit and proper and with the consent of the parties to dispose it of with the following observations:

(i) the petitioner shall be preferring a fresh petition before both the respondents, Collector, East Champaran, Motihari as also the District Land

Patna High Court CWJC No.17733 of 2018(4) dt.22-09-2025 3/3 Acquisition Officer, Motihari in next four weeks along with all the relevant documents;

(ii) the concerned respondents are duty-bound to look into the matter, notice concerned respondents and if the petitioners are found entitled to the amount and payment not made, the same be cleared;

(iii) the entire exercise is to be completed by 30th of April, 2026.

5. In the particular facts and circumstance, this Court is refraining itself from imposing any cost.

6. The writ petition is disposed of.

(Rajiv Roy, J) Vijay Singh/- U