Upendra Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3297 of 2017 ====================================================== Upendra Singh Son of Sri Ram Suresh Singh Resident of Village- Khaira Karamdih, P.S. Barun and District- Aurangabad. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The District Magistrate, Aurangabad.

3.

The District Land Acquisition officer Cum Competent Authority, Aurangabad.

4.

The Managing Director, Dedicated Freight Corridor Under Mughalsarai Railway Division, Mughalsarai.

5.

Mahendra Singh Son of late Saryu Singh 6.

Satyendr Singh Son of late Ram Narayan Singh 7.

Shankar Singh Son of late Ram Narayan Singh All are resident of VillageKhaira, Karamdih, P.S. Barun and District- Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anirudh Kumar Verma, Adv.

Vyas Kumar Sinha, Adv.

For the Respondent/s :

Mr. Dhurjati Kumar Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-02-2025 Heard.

2. The present writ petition is being filed for direction to the concerned Respondent to pay the compensation amount for the Land acquired that comes under the right and title of the petitioner and further for alternative remedy for referring the matter to the decision of the Principal Civil Court under sub Section-4 of section 20-H of the Railway Act, 1989 if the competent authority feels dispute in apportionment of the compensation and further for restraining the authority from

Patna High Court CWJC No.3297 of 2017(6) dt.10-02-2025 2/2 making payment of compensation till disposal of the case.

3. Learned counsel for the petitioner submits that he is one of the co-sharers of the land, which was acquired for the Railways. Learned counsel has further submitted that an application for apportionment of the compensation was filed before the competent authority which is still pending. It has also been submitted that as per Section 20-H(3) where several persons claim to be interested in the amount deposited under sub-section (1), the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them. It has also been submitted that for partition of that land, Title Suit No. 470 of 2016 is pending in the court of Sub Judge, Aurangabad.

4. The competent authority, where the representation of the petitioner is pending, is directed to take appropriate steps in accordance with law.

5. Accordingly, this writ petition stands disposed of. (Nawneet Kumar Pandey, J) A.K.V.//- U