Ramanand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8751 of 2022 ====================================================== 1.

Ramanand Singh, S/o Late Yogendra Prasad Singh; 2.

Abha Devi, W/o Ramanand Singh;

3.

Anita Devi, W/o Vinay Kumar Singh;

4.

Anita Devi, W/o Late Ajay Kumar Singh;

All are R/o Mahnar, Ward No. - 12, P.O. + P.S. + District-Mahnar, at present petitioner Nos. 1 + 2 residing at Chankya Nagar, Ward No. 38, Begusarai, Municipal Corporation Area.

... ... Petitioner/s

Versus

1.

The State of Bihar, the Additional Chief Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2.

The Directorate Land Acquisition, Revenue and Land Reforms Dept., Patna, Govt. of Bihar.

3.

The District Magistrate, Vaishali District, Hazipur. 4.

The District Land Acquisition Officer, Vaishali, District at Hazipur. 5.

The Executive Engineer, Building Construction, Hazipur Division, Dist. - Vaishali.

6.

The Assistant Engineer, Building Construction, Hazipur Division. 7.

The S.D.O., Mahnar, Sub. Division, Dist. - Vaishali. 8.

The DCLR, Mahnar.

9.

The Circle Officer, Mahnar.

10.

The Amin, Land Acquisition Office, Vaishali District. 11.

The Circle Amin, Mahnar.

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

For the Petitioner/s :

Mr. Shiw Kumar Prabhakar, Adv.

Mr. Uma Shankar Sharma, Adv.

For the Respondent/s :

Mr. AC to SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY

2/5 ORAL JUDGMENT Date : 30-04-2026 Heard the learned counsel for the parties.

2. The petitioners, under Article 226 of the Constitution of India, have preferred the present writ application seeking following relief(s) :

(i) To return the land of the petitioners which has been taken into the possession by the respondents concerned but which is excess to or beyond the 11 acre acquired land mentioned in letter no 502, dt. 15.6.19, issued under the signature of the District Land Acquisition officer Vaishali in pursuant to the Notification No. 14/DLA Patna, dt. 5.1.2012 and/or Notification No. 02/07 126, dt. 13.01.2017 both 14/DLA (Misc.) issued under the signature of Sri Narotam Prasad Singh, Additional Secretary Govt. of Bihar; issued by land Acquisition Directorate Revenue & Land Reforms Dept. Govt. of Bihar and as alternative prayer. (ii) For direction to the Respondents Concerned to acquire the land as per notification mentioned in para 1 (i) of this writ petition and ensure compensation, solatium etc. to the petitioners as per land Acquisition Act 2013 against the land which has forcefully been acquired and boundary wall has been erected and construction of the building of joint sub-Divisional Officers Mahnar in Vaishali district have been completed by the respondents concerned.

(iii) For necessary directions against the respondents concerned to pay the rest/difference amount to the petitioners against the land acquired by the respondents concerned in Khesra No. (Part) 887 Khata No. 1751 Mahnar, District Vaishali for construction of

3/5 the Joint Offices of Mahnar Sub. Division Vaishali District.

(iv) For necessary directions against the Respondents concerned to make compensation to the petitioner against a pucca kuan, for which nothing has been paid to the petitioners and which situate in that part of the land which has been acquired in consonance of Gadget Notification bearing Notification No. 14/DLA Vaishali (Misc)-02/07-52 Patna dt 5.1.2012/Notification No. 14/DLA Vaishali (Vividh) -02/07 126 dt 13.1.2012 both issued by the Directorate land Acquisition Revenue & Land Reforms, Govt. of Bihar Patna.

(v) For order to the respondent concerned to pay the petitioners for the loss of crop from 2012 till now on the land which was contrivers but outside and excess to the Gadget Notification bearing Notification No. 14/DLA Vaishali (Misc.) 02/07-52 Patna dt 5.1.2012 issued by the Directorate land Acquisition Revenue & Land Reforms Govt. of Bihar.

(vi) For any other relief (s) for which the petitioners would be found entitle by this Hon'ble High Court in the facts & circumstances of this case.

3. It has been submitted on behalf of the petitioners that they have not been paid the entire compensation. However, it has been submitted that the excess land, which was covered under the garb of Govt. notification, has been vacated and returned to them.

4. The learned AC to SC-25 submits that from the counter affidavit, it would be evident that a letter was written way-back in the year 2022, calling the petitioners to accept the

4/5 compensation amount, however they have not approached the appropriate authority for the same.

5. Having heard the learned counsel for the parties and taking into account the averments made in the writ petition, this Court finds that the claim of the petitioners with regard to the rest of the compensation amount and of return of the land, which was taken beyond the terms of notification, subsisted at the time of filing of the writ application. However, during the pendency of the writ application, the land of the petitioners was returned and they were also called for payment of the compensation amount for the Pacca Kuan, which was assessed by the Department.

6. From the pleadings on record, it is also not clear as to whether the petitioners had approached the authorities concerned. The learned counsel for the petitioners has also not been able to point out that the petitioners had approached the authorities for the same.

7. In view of the aforesaid facts and circumstances, the present writ application is being disposed of with a liberty to the petitioners to approach the District Land Acquisition Officer, Vaishali (respondent No. 4) with a representation for claiming the amount of compensation,

5/5 which is still pending with the authorities and also with regard to the claim of interest on account of delayed payment made to the petitioners. On receipt of such representation, the District Land Acquisition Officer, Vaishali (respondent No. 4) is directed to make necessary payments to the petitioners along with interest as per law within a period of two months and/or pass necessary reasoned order(s) within a period of three months from the date of receipt/production of a copy of this order.

8. With the aforesaid observation/direction, the writ application stands disposed of.

9. Interlocutory application(s), if any, also stands disposed of accordingly.

(Sourendra Pandey, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 30.04.2026 Transmission Date N/A