Shailendra Kumar Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14557 of 2015 ====================================================== 1.i Anand Kumar Singh son of late of Shailender Kumar Singh 1.ii Amit Kumar son of late of Shailender Kumar Singh 1.iii Smt. Savitri Singh daughter of late of Shailender Kumar Singh 2.

Brajendra Kumar Singh, son of late Manokamana Singh 3.

Pratima Singh W/o late Devendra Kumar Singh 4.

Satyendra Kumar Singh son of late Vijay Kumar singh @ Bacha Singh 5.

Brajesh Kumar Singh son of late Kamla Singh 6.

Samir Nandan son of late Ramesh Kumar Singh 7.

Anjani Nandan son of late Ramesh Kumar Singh 8.

Shailesh Kumar Singh son of late Kamla Singh 9.

Shivendra Kumar Singh son of late Jitendra Kumar Singh 10.

Dhirendra Kumar Singh son of late Jitendra Kumar Singh 11.

Devesh Kumar Singh son of late Narendra Kumar Singh 12.

Sidhesh Kumar Singh son of late Narendra Kumar Singh 13.

Sidhant Singh son of late Narendra Kumar Singh 14.

Brajesh Kumar Singh son of Late Mithilesh Prasad Singh 15.

Rakesh Kumar Singh son of Late Mithilesh Prasad Singh 16.

Umesh Kumar Singh son of Late Mithilesh Prasad Singh 17.

Uday Pratap Singh son of late Bindeshwari Singh 18.

Prem Pratap Singh son of late Bindeshwari Singh 19.

Bhanu Pratap Singh son of late Bindeshwari Singh 20.

Ravi Pratap Singh son of late Bindeshwari Singh 21.

Shashi Pratap Singh son of late Bindeshwari Singh 22.

Sudhir Kumar Singh son of late Bijendra Singh 23.

Shashi Bhushan Kumar Singh son of late Bijendra Singh 24.

Satish Kumar Singh son of late Bijendra Singh 25.

Sunil Kumar Singh son of late Sadhu Sharan Singh 26.

Anil Kumar Singh son of late Sadhu Sharan Singh 27.

Guriya Devi wife of late Ratnesh Kumar Singh All are resident of village and Post Office and Police Station- Marhowrah, District- Chapra Saran, PIN- 841418, Bihar ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Collector under Act I of 1894, Saran.

2/5 3.

The Special Land Acquisition Officer, Saran.

4.

The Additional Land Acquisition Officer, Saran. 5.

The Industrial Training Institute, Marhowrah, Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anjani Kumar Sinha, Advocate For the Respondent/s :

Mr. Vishwambhar Prasad, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 31-01-2026 I.A. No. 02 of 2022 The aforesaid Interlocutory Application has been preferred for substituting Shailendra Kumar Singh, the petitioner no. 1 with that of heirs as recorded in paragraph-3 of the petition as follows:

"i. Anand Kumar Singh son of late of Sri Shailender Kumar Singh;

ii. Amit Kumar son of late of Sri Shailender Kumar Singh;

iii. Smt. Savitri Singh daughter of late of Sri Shailender Kumar Singh."

2. Since there is no opposition, the I.A. No. 02 of 2022 stands allowed.

3. Let the petitioner no. 1, Shailendra Kumar Singh be substituted by the heirs as recorded above.

4. Office to do the needful.

CWJC No. 14557 of 2015

3/5

5. Heard the parties.

6. The present petition has been preferred for the following relief(s):

"i. a writ in the nature of mandamus commanding the respondents to determine and pay compensation in respect of the land in question to the petitioners in terms of the relevant provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act-30 of 2013) treating the earlier proceeding being Case No.84 of 196667 as stood lapsed, forthwith;; ii. A writ in the nature of Certiorari calling upon the respondents to produce and/or caused to be produced relating to the case before this Hon'ble Court to do conscionable justice to your petitioners, upon perusing the same;

iii. An Order directing the respondents to determine and pay compensation in respect of the land in question to the petitioners in terms of the relevant provisions of The Right to Fair Compensation and Transparency in Land

4/5 Acquisition, Rehabilitation and Resettlement Act, 2013 (Act-30 of 2013) treating the earlier proceeding being Case No.84 of 1966-67 as stood lapsed, pending disposal of the instant application; Ad-interim order directing the respondents in terms of prayer above;

iv. Costs and incidentals to this application may be paid by the respondents;

v. Such other and/or further order/orders be passed as to this Hon'ble Court may seem fit and proper."

7. The counter-affidavit filed by the District Land Acquisition Officer, Saran, Chapra shows that pursuant to the order passed by the Patna High Court on 25th of January, 2008 (in First Appeal 255 of 1980), the concerned respondent took steps and the amount was calculated as 6,76,562/- (annexure-B to the counter-affidavit).

8. There is nothing on record to show whether the said payment was made or not.

9. In that background, the writ petition stands disposed of allowed the petitioners to approach the Collector, Saran at Chapra alongwith proper representation and if it is

5/5 done, it is expected that the concerned respondent shall be taking the matter to its logical conclusion on the point of payment of compensation to the petitioners.

10. The writ petition stands disposed of with aforesaid observation.

11. Interlocutory Application, if any, also stands disposed of.

(Rajiv Roy, J) Adnan/- U