Smt. Sudha Devi @ Ram Sudha Devi And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13 of 2016 ====================================================== 1.
Smt. Sudha Devi @ Ram Sudha Devi and Ors Wife of Late Rajmani Singh 2.
Ashok Kumar Son of Late Rajmani Singh 3.
Mukul Singh Son of Late Rajmani Singh 4.
Sima Kumari daughter of Late Rajmani Singh All resident of Village - Dwarika Bigha, P.S. - Harnaut, District - Nalanda at present resident of Village - Harnaut, P.S. - Harnaut, District - Nalanda. ... ... Petitioner/s
Versus
1.
The State Of Bihar and Ors 2.
The District Magistrate, Nalanda, Biharsharif. 3.
The District Land Acquisition Officer, Nalanda, Biharsharif. 4.
The Circle Officer, Nalanda, Biharsharif.
5.
Sheo Lal Singh son of Late Ajuba Singh resident of Village - Padampur Cheran, P.S. Harnaut, District - Nalanda.
6.
Smt. Deomati Devi wife of Late Deo Kishun Singh resident of Village Sirsi, P.S. Harnaut, District - Nalanda at present Padmanpur Cheran P.S. Harnaut, District Nalanda.
7.
Smt. Devyanti Devi wife of Ramashray Singh of village - Telmar, P.S. - Harnaut, District - Nalanda, At present Padmanpur Cheran, P.S. Harnaut, District - Nalanda.
8.
Ram Pravesh Singh 9.
Umesh Singh Son of Ram Pravesh Singh 10.
Mahesh Singh Son of Ram Pravesh Singh 11.
Manju Devi daughter of Ram Pravesh Singh 12.
Manish Singh son of Late Sanjay Singh 13.
Masomat Bebi Devi wife of Late Sanjay Singh 14.
Priyanka Kumari Daughter of Sanjay Singh 15.
Preeti Kumari Daughter of Late Sanjay Singh 16.
Kshiti Kumari Daughter of Late Sanjay Singh All residents of Village - Sartha P.S. Chandi, District - Nalanda at present Padmanpur Cheran, P.S. Harnaut, District - Nalanda.
17.
Kedar Singh son of Late Ajuba Singh 18.
Ragho Singh son of Late Ajuba Singh 19.
Rana Pratap Singh son of Kedar Singh 20.
Smt. Bimla Devi wife of Late Sunil Kumar 21.
Aman Kumar Minor Son of Late Sunil Kumar 22.
Smt. Minti Kumari Daughter of Late Sunil Kumar
Patna High Court CWJC No.13 of 2016(2) dt.21-01-2020 2/3 23.
Smt. Vinati Kumari Daughter of Late Sunil Kumar 24.
Ajay Kumar son of Ragho Singh 25.
Bhola Singh son of Ragho Singh 26.
Pappu Kumar Minor Son of Bhola Singh All residents of Village - Padmanpur Cheran, P.S. - Harnaut, District - Nalanda. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Sinha For the Respondent/s :
Mr.Ram Balak Mahto- Ag ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-01-2020 Heard both sides.
The petitioners filed this writ petition to quash the order dated 30.06.2015 passed in L.A. No. 53 of 2014-15, Objection Case No. 27, 36, 41, 100 and 123/14-15 whereunder 1/3rd share of compensation amount was ordered to be paid to the petitioners and 2/3rd share of compensation amount was ordered to be paid to the respondents No. 5 to 26 on the basis of judgement passed in Title Suit No. 78 of 1981. The learned counsel for the respondents submits that respondent No. 5 to 26 filed Title Appeal No. 112 of 1990 and by judgement and decree dated 27.07.2015 respondents No. 5 to 26 are found owner of the land and they are entitled to get entire compensation amount. Accordingly, the Land Acquisition Authority paid the entire compensation amount to respondent No. 5 to 26. The petitioners preferred Second Appeal No. 248 of
Patna High Court CWJC No.13 of 2016(2) dt.21-01-2020 3/3 2015 and the same is pending before this court. In view of the fact that the Land Acquisition Authority has made payment of entire compensation amount to the respondent No. 5 to 26, on the basis of judgement passed in Title Appeal No. 112 of 1990, I find no merit in this writ petition and the same is, accordingly, dismissed.
If the petitioners succeeds in Second Appeal they may file petition for realization of compensation amount from respondent No. 5 to 26.
With the aforesaid observation, this writ petition is dismissed.
(Prabhat Kumar Jha, J) BKS/- U