Bhuneshwar Prasad Singh, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24155 of 2018 ====================================================== Bhuneshwar Prasad Singh, Son of Aditya Narayan Singh, resident of Village and P.O.- Tungi, P.S.- Hisua, District- Nawada, Bihar. ... ... Petitioner/s

Versus

1.

The State Of Bihar Bihar.

2.

The District Magistrate, Nawada.

3.

District Land Acquisition Officer, Nawada.

4.

Land Reforms Deputy Collector, Nawada.

5.

Circle Officer, Hisua, Nawada.

6.

LRDC Nawada.

7.

Sudhanshu Kumar, Son of Late Yogeshwar Prasad Singh, resident of Village and P.O. Tungi, P.S.- Hisua, District- Nawada. 8.

Smt. Kumkum Devi, Wife of Jugeshwar Prasad Singh, resident of Village and P.O.- Tungi, P.S.- Hisua, District- Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Dhurjati Kumar Prasad, GP-14 For NHAI :

Mr. Sriram Krishna, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-01-2026 No one appears on behalf of the petitioner though State as also NHAI are present.

2. The present application has been preferred: for issuance of a writ, order or direction including a writ in the nature of Mandamus, commanding the respondents to pay full payment, which was granted by the Land Acquisition Department, against the acquisition of land of Khata No. 80, Plot No. 2568, 2569 area 0.2057 acres and 0.3255 acres (department granted Rs.1793704/- and Rs.2838360/- respectively and lastly 1/2 of the same was illegally paid to one stranger Smt. Kumkum Devi wife of Yogeshwar

Patna High Court CWJC No.24155 of 2018(2) dt.06-01-2026 2/2 Prasad Singh in spite of submission of family arrangement/partition between family in 1999. And also a writ in the nature of Certiorari may kindly be issued for quashing the illegal payment order dated 28.08.18 passed by respondent no.03 or be pleased to pass such other order/s as Your Lordships may deem fit and proper.

3. A counter affidavit has come on behalf of the State respondents according to which, late Yogeshwar Prasad Singh is/was not a stranger rather own brother of the writ petitioner. Having left for his heavenly abode, his wife, Smt. Kumkum Devi was entitled to half of the share of the land in question and in that background, the compensation amount was rightly granted to her. As recorded above, the fact has come by way of counter affidavit in the year 2022 and there is no rebuttal to it.

4. This Court is satisfied that the respondents have acted bonafidely in the matter and no case is made out.

5. However, since there is no appearance, dismissed for non-prosecution.

(Rajiv Roy, J) Vijay Singh/- U