Shila Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20738 of 2018 ====================================================== Shila Devi Wife of Anil Singh, at present Resident of Village- Karma Bhagwan, P.S.- Muffasil, District- Aurangabad Bihar. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The District Magistrate, Aurangabad Bihar.

3.

The Land Reforms Deputy Collector, Aurangabad. 4.

The Circle Officer, Aurangabad.

5.

The Land Acquisition Officer, GAIL India Limited, Bihar, Construction Officer, Hotel Patliputra As 6.

Brinda Singh @ Brinda Kumar Singh, Son of Talkeshwar Singh, Resident of Village- Karma Bhagwan, P.S.- Muffasil, District- Aurangabad. 7.

Sunil Kumar Singh, Son of Brinda Singh, 8.

Anil Kumar Singh, Son of Brinda Singh, Both resident of Village- Karma Bhagwan, P.S.- Muffasil, District- Aurangabad Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Om Prakash Singh, Adv.

For the Respondent/s :

Mrs. Prerna Anand, Adv.

For GAIL :

Mr. Uday Bhan Singh, Adv.

Ms. Kumari Shreya, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-09-2025 Heard Mr. Om Prakash Singh, learned counsel for the petitioner, Mrs. Prerna Anand representing the State and Ms. Kumari Shreya representing the Gas Authority of India Limited (henceforth for short, 'the GAIL').

2. The present application has been preferred for the following relief(s):

(i) for issuance of appropriate writ/ writs in the nature of mandamus

Patna High Court CWJC No.20738 of 2018(2) dt.23-09-2025 2/3 commanding the respondents to stop the payment of land acquisition to the private respondent Nos.7 to 9 on the ground that a second appeal Case bearing No.431/2012 has already been pending before this Hon'ble Court for final adjudication and land in question also involve in this case for partition/share of petitioner;

(ii) for issuance of appropriate writ/ writs, order/orders, direction/directions to the respondents as your Lordships may deem fit and proper in the facts and circumstances of the case.

3. Ms. Kumari Shreya has taken this Court to paragraph 6 of the counter affidavit filed by 'the GAIL' which read as follows:

6. That the petitioner has not availed the remedy available to him for redressal of his grievance if any in time and has come direct to this Hon'ble High Court which is not proper and the case may be dismissed on this ground alone. The Petroleum Mineral Pipe Lines. (acquisition of right of user in land) Act 1962 has provisions for redressal of objection by the competent authority appointed under the Act 1962 which has not been approached by the petitioner.

4. Learned counsel for the petitioner submits that he

Patna High Court CWJC No.20738 of 2018(2) dt.23-09-2025 3/3 be given liberty to approach the appropriate authority as recorded in counter affidavit.

5. Granting said liberty, the writ petition is disposed of.

6. Before parting, this Court would like to put on record its word of appreciation for Ms. Kumari Shreya for the proper assistance rendered in the matter.

(Rajiv Roy, J) Vijay Singh/- U