Indira Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6281 of 2025 ====================================================== Indira Devi D/o. Late Fulwaso Devi and Late Sri Ram Verma and also wife of Sri Jai Krishna Mahto, Resident of - Araria, R.S. Ward No.- 05, Near New Pani Tanki, P.S. and District- Araria (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Old Secretariat, Patna.

2.

The Additional Chief Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Old Secretariat, Patna, Bihar. 3.

The Director, Land Acquisition, Land and Revenue Department Directorate of Land Acquisition Government of Bihar, Old Secretariat, Patna 4.

The Union of India, through Ministry of Road Transport and Highways, Government of India, New Delhi.

5.

The Regional Officer, National Highways Authority of India, D-63 First Floor Rajesh Kumar Path Sri Krishnapuri, Boring Road, Patna- 800001. 6.

The District Magistrate cum- District Collector, Katihar. 7.

The Deputy Collector - Land Reforms cum - District Land Acquisition Officer, Katihar.

8.

The Circle Officer, Katihar Block, District- Katihar (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Munish Om Prakash Singh For the Respondent/s :

Mr.Standing Counsel (08) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 28-04-2025 In the instant petition, petitioner has prayed for the following relief:- (a) For issuance of writ in the nature of mandamus directing/commanding the respondents to make payment of

2/5 compensation and admissible interest payable, the petitioner as per her shares for acquisition of her land having Khata No. 4.

Khesra No.2016 area 0.82.299 Acres situated at Mauza - Deharia, Thana No.98. Anchal and District - Katihar for construction of National High Way No.131A.

(b) For further directing/commanding the concern respondent District Land Acquisition Officer, Katihar to pass a reasoned and speaking order upon the representation /application dated. 27-01-2025 (as contained in Annexure -4) filed by the petitioner with making payment of the compensation amount along with admissible interest there on for which the petitioner is entitled

3/5 to.

(c) The writ petitioner also prays before this Hon'ble Court to pass any other appropriate writ, writs, order/ orders direction/ directions as your Lordships may think fit and proper in the facts and circumstances of this case.

2. Learned counsel has submitted that land in question appertaining to Khata No. 4. Khesra No.2016 area 0.82,299 Acres situated at Mauza - Dehalia, Thana No.98 Anchal and District - Katihar was purchased by Fulwaso Devi (mother of the petitioner) and she died leaving behind two sons and two daughters including writ petitioners as the legal heirs which is apparent from family list issued by Circle Officer, Katihar as contained in Annexure P/1. He further submits that it is apparently clear that petitioner is entitled for 1⁄4 th share of the land in question as per Hindu Succession Act. Learned counsel for the petitioner has submitted that he has filed objection (annexure-P/2) that he is entitled for 1⁄4 th share of the land in question as per Hindu Succession Act

4/5 but the concerned authority has not considered his grievance. Learned counsel further submits that by memo no. 1063 dated 04.12.2021 (Annexure P/3) compensation amount of Rs. 76,86, 02,644 for the area 0.72299 acre out of 0.8299 acre was given to petitioner's coparceners Dipak Kumar Verma, Jyotish Kumar Verma and Lalbabu Verma S/o Late Ramji Verma and Laxman Verma S/o Sri Ram Verma but petitioner has not been paid any amount of compensation. Learned counsel submits that petitioner has already filed objection before District Land Acquistion Officer, Katihar but the same has not been taken into consideration. Thereafter, petitioner has again filed representation (Annexure-P/4) before the District land Acquisition Officer, Katihar but same has not been decided uptill now.

3. Learned counsel for the State has submitted that if petitioner files fresh representation before the competent authority, the same shall be looked into.

4. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the present writ petition stands disposed of with liberty to

5/5 petitioner to file fresh representation before the competent authority raising his grievances, as has been raised in the present writ petition, within a period of four weeks from the date of receipt of this Order. If such representation is filed within the stipulated period, the competent authority shall consider and pass appropriate order on the representation of the petitioner, expeditiously, in accordance with law after giving due opportunity of hearing to the party concerned. (Alok Kumar Pandey, J) vashudha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.04.2025 Transmission Date NA