Punam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12963 of 2023 ====================================================== 1.

Punam Devi Wife of Shri Kanhaiya Yadav Resident of village-Ratan Dularpur, PS-Ara Muffasil, District-Bhojpur.

2.

Smt. Lal Muni Devi Wife of Shri Badhai Yadav Resident of village-Ratan Dularpur, PS-Ara Muffasil, District-Bhojpur.

3.

Mantosh Kumar(Minor) Son of Late Brahamdeo Yadav and Late Kumari Devi, Under the guardianship of their aunt Punam Devi wife of Shri Kanhaiya Yadav having no adverse interest against them. Residents of village-Ratan Dularpur, PS-Ara Muffasil, District-Bhojpur 4.

Manish Kumar(Minor) Son of Late Brahamdeo Yadav and Late Kumari Devi, under the guardianship of their aunt Punam Devi wife of Shri Kanhaiya Yadav having no adverse interest against them. Residents of village-Ratan Dularpur, PS-Ara Muffasil, District-Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Revenue Land Reforms department, Government of Bihar, Patna 2.

The Director, Land Acquisition, Government of Bihar, Patna. 3.

The Divisional Commissioner, Patna Division, Patna. 4.

The District Magistrate cum Collector, Bhojpur at Ara. 5.

The District Land Acquisition Officer cum competent authority, Bhojpur at Ara.

6.

National Highway Authority of India through the project manager, Ara Buxar National High way road (NH-30 and NH-84), Bhojpur at Ara 7.

Nirmal Tiwari Son of Late Deomuni Tiwari Residents of vill and POChandwa, PS-Ara Nawada, Town- Ara, District-Bhojpur. 8.

Vimlesh Tiwari Son of late Deomuni Tiwari residents of vill and POChandwa, PS-Ara Nawada, Town- Ara, District-Bhojpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bajarangi Lal, Advocate For the Respondent/s :

Mr. Sajid Salim Khan ( SC 25 ) Mr. Arif Daula Siddique, AC to SC-25 For the NHAI :

Mr. Rajesh Kumar Shandilya, Advocate Mr. Sanjiv Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-07-2026 Heard the parties.

2. The present petition has been preferred for the

2/4 following relief(s):

"i. For a direction upon the respondents to return the un-utilized land of the petitioners appertaining to Chak Khata no.155, Chak Khesra no.194 measuring area 19 decimal situated in Mauza Ratan Dularpur, Thana no.277 Thana-Ara Mufassil, Anchal Ara, District-Bhojpur who have purchased it vide registered sale deed no.5112 dated 26-05-2011 from respondent no.7 and 8 and was acquired by competent authority for construction/ widening of Ara-Buxar National High-way [NH-30 and NH-84 section] and any amount of compensation has not been paid to the petitioners till date and despite lapse of more than 5 years from the date of possession of the land it is not being used by the government authorities whereas the land is being used by the petitioners for subsistence of their family by growing crops over the same.

ii. In alternate, for a direction upon the respondents to make payment of adequate compensation along with statutory and penal

3/4 interest for the aforesaid acquired land of the petitioner which has not been paid till date either to the petitioners or to their vendors.

iii. For any other relief/ reliefs to which the petitioner is entitled in the facts and circumstances of the present case."

3. The details of the land stands incorporated in the prayer portion itself and needs no repetition. It was acquired for the widening of the Ara-Buxar National Highway (NH-30 and NH-84 section).

4. Learned counsel for the petitioners submit that the road has been constructed and the land is not required anymore for the respondents and he has also not taken any compensation.

5. The counter-affidavit has come and the stand of the State is that it stands acquired and some of the share-holders of the petitioners have also received the compensation amount.

6. At this stage, learned counsel for the petitioner submits that it will suffice if he is allowed to represent their cases before the Additional Chief Secretary, Revenue and Land Department, Bihar, Patna (respondent no. 1).

7. Learned State counsel has no objection to it.

8. In that background, the writ petition stands

4/4 disposed of directing the petitioner to approach the concerned respondent within a period of four weeks who shall be taking the matter to its logical conclusion, in accordance with law, at an earliest.

(Rajiv Roy, J) Adnan/- U