Krishna Devi v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13031 of 2023 ====================================================== Krishna Devi W/o Shankar Mahto R/o-Village-New Chhawani Tola, Ward No.-11 (Barahiya), P.S.-Barahiya, District-Lakhisarai. ... ... Petitioner/s

Versus

1.

The Union of India through the Ministry of Railway, New Delhi. 2.

The East Central Railway through its General Manager, Hajipur, Bihar. 3.

The General Manager, East Central Railway, Hajipur, Bihar. 4.

The Secretary to General Manager, East Central Railway, Hajipur, Bihar. 5.

The State of Bihar through the Principal Secretary,Department of Revenue, Bihar at Patna.

6.

The District Magistrate, Patna.

7.

The Land Acquisition Officer. Patna.

8.

The Sub-Divisional Magistrate,- Barh at Dist.-Patna. 9.

The Circle Officer, Mokama Block, Mokama, Dist.-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Onkar Nath, Adv.

For the Respondent/s :

Mr. Awdesh Kumar Pandey, Sr. CGC Mr. Ravinder Kr. Sharma, CGC For the State :

Mrs. Nutan Sahay, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-04-2026 Heard Mr. Onkar Nath, learned counsel for the petitioner and the State.

2. The present application has been preferred for the following relief(s):

(i) commanding the respondent authorities particularly the Respondent 1st set to do the payment of land acquisition proceeding in lieu of acquisition of land pertaining to Mauza-Maranchi, Thana No.- 19, Tauzi No.-113/459, Khata No.-1390,

Patna High Court CWJC No.13031 of 2023(2) dt.28-04-2026 2/3 Khesra No.-5173 for an area of 1.25 decimal.

(ii) Commanding the respondents authorities to do the initiation of fresh land acquisition proceeding as per the Land Acquisition Act, 2013 and thereafter do the payment accordingly.

(iii) Grant of any other consequential or incidental relief/reliefs, for which the petitioner can be found entitled for.

3. The matter relates to a piece of land, as recorded in the prayer itself, in the Hathidah area, Circle Office, Mokamah in the district of Patna.

4. The case of the lady- petitioner is that through a valid transaction/ sale deed dated 22.08.2014, the land came in her possession, rent receipt issued in the year 2021-22 but for the extension of Hathidah Railway Station, when the acquisition took place in the year 2016, no compensation amount was paid.

5. The submission by the learned counsel for the petitioner is that they used to reside away from the State of Bihar and as such, never came to know about the said acquisition/payment.

6. Learned State Counsel submits that the acquisition took place in the year 2016, the first rent receipt is of the year

Patna High Court CWJC No.13031 of 2023(2) dt.28-04-2026 3/3 2021-22 and there is nothing on record to show whether the petitioner was in the list of claimant or it has been taken by someone else.

7. Learned counsel for the petitioner, in that background, submits that it will suffice if her proper representation with supporting document is considered by the Collector, Patna (respondent no. 6).

8. Taking into account the submissions of the parties and having gone through the documents on record, this Court deems it appropriate to dispose of the petition directing the petitioner to approach the concerned respondent no. 6, the Collector, Patna in next four weeks who shall look into the matter and after hearing all the parties, pass a reasoned order at an earliest.

9. The writ petition is disposed of with aforesaid observation.

(Rajiv Roy, J) Vijay Singh/- U