Shambhu Nath Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15441 of 2025 ====================================================== 1.

Shambhu Nath Pathak Son of Late Rameshwar Pathak, Resident of VillageChandu Kuan, Police Station- Barbigha, District- Sheikhpura. 2.

Lambodar Pathak, Son of Late Rameshwar Pathak, Resident of VillageChandu Kuan, Police Station- Barbigha, District- Sheikhpura. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Railway, Government of India, New Delhi.

2.

The State of Bihar, through the Principal Secretary, Department of Land Registration, Government of Bihar, Patna.

3.

The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

4.

The District Magistrate-cum-Collector, Sheikhpura, Bihar. 5.

The Land Acquisition Officer, Sheikhpura.

6.

The Block Development Officer, Barbigha, District- Sheikhpura. 7.

The Circle Officer, Barbigha, District- Sheikhpura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar, Advocate Mr. Ravi Kant, Advocate For the U.O.I.

:

Mr. Parmanand Prasad, Advocate For the State :

Mr. Abbas Haider, SC-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-10-2025 The instant writ application has been filed by the petitioners under Article 226 of the Constitution of India, seeking the following relief(s):- " (i) For issuance of writ/writs in the nature of mandamus commanding the Respondents to pay compensation of 81 decimal land at the place of 17 decimal land since the Railway has acquitted total 81 decimal land of the petitioners though the compensation has been paid for only 17 decimal land. (ii) For commanding the Respondents as to

Patna High Court CWJC No.15441 of 2025(2) dt.13-10-2025 2/3 why the Respondents have not grant compensation of 81 decimal land to the petitioners since 81 decimal land has been acquitted for the purpose of rail track and only the compensation has been paid for only 17 decimal land.

(iii) For commanding the Respondents as to why the wrong compensation has been granted to the petitioners only for 17 decimal land instead of 81 decimal land.

(iv) For any other writ/writs, order/orders, direction/directions as this Hon'ble Court may deem fit and proper as the facts and circumstances of this case."

2. Mr. Bipin Kumar, learned counsel appearing for the petitioners, Mr. Parmanand Prasad, learned counsel for the Union of India and Mr. Abbas Haider, learned SC-6 for the State-Respondents are present and they are heard.

3. During the course of argument, it has been submitted by the petitioners' counsel that the main grievance of the petitioners is that they have been given compensation for only 17 decimals of land despite 81 decimals of their land having been acquired by the Railway Department.

4. It has been argued by the learned counsel appearing for the State-Respondents that the petitioners have already filed a representation dated 19.08.2025 before the District Magistrate-Cum-Collector, Sheikhpura (Respondent No.4) for

Patna High Court CWJC No.15441 of 2025(2) dt.13-10-2025 3/3 redressal of their grievance and the same is still pending. Considering this aspect, the instant writ petition stands disposed of with giving direction to the District Magistrate-CumCollector, Sheikhpura (Respondent No.4) to decide the petitioner's representation at the earliest preferably within the next six weeks from today as per the provision of law.

5. In the result, the instant writ petition stands disposed of.

(Shailendra Singh, J) maynaz/- U