Kamli Devi And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14966 of 2014 ====================================================== 1.1. Suresh Prasad Mandal Husband of Kamli Devi, Resident of Village Olapur, P.S. Pirpainti, District Bhagalpur.

2.1. Shiv Prasad Tanti Son of Late Sukhay Tanti, Husband of Late Durgi Devi, Resident of Village Olapur, P.S. Pirpainti, District Bhagalpur. 3.

Baby Kumari Devi W/o Mahesh Rajak, Resident of village- Sundarpur, P.S.- Pirpainti, District- Bhagalpur 4.

Ranju Devi W/o Sanjai Kumar Mandal, Resident of village- Olapur, P.S.- Pirpainti, District- Bhagalpur 5.

Akhilesh Kumar s/o Suresh Prasad Mandal Resident of village- Olapur, P.S.- Pirpainti, District- Bhagalpur 6.

Usha Devi W/o Ambika Prasad Mandal Resident of Virlapur, P.S.- Pirpainti, District- Bhagalpur ... ... Petitioner/s

Versus

1.

The State Of Bihar s Revenue and Land Reforms Deptt., Govt. of Bihar, Patna 2.

The General Manager, N.T.P.C. Kahalgaon, 3.

The Collector, Bhagalpur 4.

The District Land Acquisition Officer, Bhagalpur 5.

The Chairman, Bhudan Yagya Committee, Bihar, Patna ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 21648 of 2019 ====================================================== 1.

Chandralekha Devi Wife of Sri Manoj Kumar Gupta, Resident of VillageSunderpur, P.S.-Pirpainti, District-Bhagalpur. 2.

Uma Devi, Wife of Sri Ganga Ram, Resident of Village-Sunderpur, P.S.- Pirpainti, District-Bhagalpur.

... ... Petitioner/s

Versus

1.

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

2.

The Chief Secretary, Government of Bihar, Old Secretariat, Patna. 3.

The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Old Secretariat, Patna.

4.

The Collector, Bhagalpur.

5.

The District Land Acquisition Officer, Bhagalpur. 6.

The Chairman, Bihar Bhoodan Yagana Committee, Patna. 7.

The Office Secretary, District Bhoodan Committee, Bhagalpur. 8.

The General Manager, NTPC, Kahalgaon.

... ... Respondent/s ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No. 14966 of 2014)

Patna High Court CWJC No.14966 of 2014(7) dt.16-01-2025 2/3 For the Petitioner/s :

Mr. Servendra Kumar Verma Mr. Jai Vardhan Narayan For the State Mr. Parijat Saurav, AC to AAG 13 (In Civil Writ Jurisdiction Case No. 21648 of 2019) For the Petitioner/s :

Mr.Jai Vardhan Narayan For the State :

Mr.Raj Kishore Roy, GP 18 For Respondent no.8 Mr. Amaresh Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-01-2025 I.A.No.02/2023 & I.A.No.03/2025 in CWJC No.14966 of 2014.

In I.A.No.02 of 2023, it has been mentioned that petitioner no.1 died on 07.05.2022, leaving behind her husband Suresh Prasad Mandal as her sole heir and legal representative. Similarly, I.A.No.03 of 2025 has been filed, mentioning therein that petitioner no.2 died on 07.02.2024, leaving behind her husband Shiv Narayan Tanti, who is her sole heir and legal representative.

2. Vakalatnama of the heirs and legal representative has been filed.

3. For the reasons disclosed in I.A.No.02/2023 & I.A.No.03/2025, they are allowed and the heir of petitioner no.1 and heir of petitioner no.2, as mentioned in para-2, be substituted.

4. The petitioners claim to be the donees of the lands appertaining to Bihar Bhoodan Yagana Committee.

5. As per the submission of the learned counsel for the

Patna High Court CWJC No.14966 of 2014(7) dt.16-01-2025 3/3 petitioners, the lands after donated to the petitioners were acquired by the State Government under the land acquisition proceeding. The compensation thereof has been deposited in court, but it was not being paid to the petitioners.

6. The learned counsel for the State submits that the reason for not disbursing the amount to the petitioners is that a communication has been made to the State Government by the Bihar Bhoodan Yagana Committee that the land has twice been donated and the donation in favour of the petitioners is not as per law and the proceeding of cancellation of donation certificate is going on.

7. The writ applications are disposed of with the direction that the concerned Committee shall take final decision on the validity/genuineness of the certificates granted to the petitioners within four months from the date of communication of this order.

(Nawneet Kumar Pandey, J) HR/- U