Rajendra Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14902 of 2016 ====================================================== Rajendra Singh son of Late Chhedi Singh resident of village - Shivanpur, P.O. - Ankorha, P.S. - Brem O.P. Nabinagar, District - Aurangabad. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

District Land Acquisition Officer-cum-Collector, Aurangabad. 3.

Sabitri Devi wife of Shri Awadhesh Prasad Singh resident of village - Rampur, P.O. - Ankorha, P.S. Brem O.P. Nabinagar, District - Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lal Bahadur Singh, Advocate For the respondent/s :

Ms. Surekha Kumari, AC to GP-18 For respondent no.3 Mr. Lakmesh Marvind, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-07-2025 Let the name of the lawyer who later was elevated is deleted from the cause list.

2. Heard the parties.

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

(i) an appropriate writ, order or direction quashing the order dated 11.4.2016 as contained in Annexure-10 as well as the notice dated 16.8.2016 as contained in Annexure-11, be issued;

(ii) an appropriate writ, order or direction commanding the respondents to forebear

Patna High Court CWJC No.14902 of 2016(2) dt.29-07-2025 2/2 from taking any step for recovery of the compensation amount paid to the petitioner be issued.

4. At the outset, learned counsel for the petitioner submits that the Will that was executed in his favour, for its probate, the matter is pending before a competent Civil Court and the same has still not been taken to its logical conclusion.

5. Learned State counsel submits that when the final order has not been passed in probate case, unless the order comes in his favour, no interference is required in the order in question.

6. This Court is in full confirmity with the submission of the learned State counsel.

7. It is expected that the petitioner will be taking the Probate Case No. 02 of 2012 pending before the competent Civil Court to its logical conclusion.

8. The writ petition is disposed of with the aforesaid observation.

(Rajiv Roy, J) Ravi/- U