Keshav Narayan Singh And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20936 of 2014 ====================================================== 1.
Keshav Narayan Singh s/o late Meghan Singh 2.
Ravindra Kumar s/o Sri Shivji Singh Both are Resident of Village - Bhusaula Danapur P.S. - Phulwari Sharif , District - Patna ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Secretary and Commissioner, Land Reforms and Revenue Deptt. Govt. of Bihar, Patna 3.
Colector, Patna 4.
District Land Acquisition Officer , Patna 5.
Union of India , through D.R.M. East Central Railways Ministry Of Railways , Hajipur 6.
Chief Engineer , Construction East Central Railways, Hajipur 7.
Dy. Chief Engineer, Construction East Central Railways, Rajgir 8.
The Chief Project Manager Rail Vikash Nigam Police Colony, Anisabad, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajatshatru, Advocate :
Mr. Suresh Kumar Gupta, Advocate For the State :
Mr. Sarvesh Kumar Singh, AAG-13 For the UOI :
Mr. Awadhesh Kumar Pandey, (Sr. Panel Counsel) :
Mr. Lokesh, Advocate For the RVNL :
Mr. M.P. Dixit, Advocate :
Mr. Sanjay Kumar Dixit, Advocate :
Mr. Sanjay Kumar Chaubey, Advocate :
Mr. Shailendra Kumar, Advocate :
Mr. Punit Ranjan Dixit, Advocate :
Mr. Milind Raj Dixit, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-07-2025 Heard the parties.
2. The present petition has been preferred for the grant of following relief(s):
"to issue a writ in the nature of MANDAMUS or
Patna High Court CWJC No.20936 of 2014(5) dt.01-07-2025 2/3 any other appropriate writ or order or direction to respondent authorities to pay the compensation / Award along with statutory interest as well as penal interest for taking the possession of the rayati land of petitioners, forcibly, appertaining of plot no. 1536, Khata no 430, measuring area 0.23 acre of Thana no 40 of Mauza Bhusaula Danapur, P.S. Phulwari Sharif, District Patna, without following the acquisition process as per Land Acquisition Act [here in after called as "The Act"]."
3. Learned counsel for the petitioner straight away took this Court to the counter affidavit filed by the Railways in which through internal correspondence which has been brought on record as annexure R/6, it conceded that the plot of the petitioner was left out in the acquisition proceeding and as such, immediate steps are to be taken.
4. He submits that thereafter the Railways did move positively and pursuant thereto, payments have been made. However, the category for which the payment has been made is agricultural whereas it was residential.
5. In such background and for the said limited prayer,
Patna High Court CWJC No.20936 of 2014(5) dt.01-07-2025 3/3 the petitioners are well advised to approach the appropriate authority.
6. The submission is that they shall be approaching the Land Acquisition, Rehabilitation, and Resettlement Authority (henceforth for short 'the LARRA') in next four weeks. If such petition is preferred in next four weeks, 'the LARRA' shall be taking the matter to its logical conclusion after hearing all the necessary parties putting them on notice.
7. The writ petition stands disposed of with the aforesaid observation.
(Rajiv Roy, J) vinayak/- U