Shambhu Kumar @ Shambhu Singh and Ors v. The State Of Bihar and Ors
CWJC/15693/2017 · 2025-05-06
Rajiv Roy
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 16192 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16192 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15693 of 2017 ======================================================
1. Shambhu Kumar @ Shambhu Singh and Ors Son of late Saryu Singh
2. Lalan Kumar Son of late Yadunandan Singh
3. Ramawtar Singh Son of late Bachchu Singh
4. Nand Kishore Singh Son of late Banshi Singh
5. Sri Kamta Singh Son of late Gurucharan Singh
6. Tej Narayan Singh Son of late Jang Bahadur Singh
7. Raj Karan Singh Son of late Baldeo Singh
8. Surendra Singh Son of late Devan Singh
9. Virendra Prasad Singh Son of late Raksha Singh
10. Kunti Devi Wife of late Kapildeo Singh All are resident of Village Pakari, P.O. Fatehpur, Police Station- fatehpur in the district of Gaya. ... ... Petitioner/s Versus
1. The State Of Bihar and Ors
2. The Principal Secretary, Department of Irrigation, Government of Bihar, Patna. 3. The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 4. The Divisional Commissioner, Magadh Division, Gaya. 5. The District Magistrate-cum-Collector, Gaya. 6. The District Land Acquisition Officer, Gaya. 7. The Special Land Acquisition Officer, Patna, Barh Suraksha Yojana, Patna. 8. The Executive Engineer, Irrigation Division, Wazirganj in the district of Gaya. 9. The Circle Officer, Fatehpur in the District of Gaya. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Respondent/s : Mr. Vikash Kumar -Sc11 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 06-05-2025 Heard Mr. Sunil Kumar, learned counsel for the petitioners and Mr. Vikash Kumar, learned counsel for the State. 2. The present writ petition has been filed for seeking
Patna High Court CWJC No.15693 of 2017(3) dt.06-05-2025 2/4 following relief(s):
“i. To direct the respondents to fix and grant the compensation against the land of the petitioners acquired for the construction of Rampur Branch Canal of Tilaiya Dhadhar Apsaran Project in pursuance to the New Act i.e. Right to Fare Compensation and Transparency in land acquisition/rehabilitation and Re-settlement Act, 2013 (herein after referred as New Act). ii. Also to direct the respondents to grant compensation against the land of the petitioners after proper verification as per the nature of the land as the land of the petitioners are situated on Fatehpur-Matasu Road and within 1km of Fatehpur Market area. iii.
Also to direct the respondents to re-valuate the cost of the land of the petitioners as per existing rate of the year, 2016-17 and further to grant compensation in pursuance there to under the New Act. iv. Also to declare the land acquisition proceeding vide Land Acquisition Case No. 13 of 2002-03 be null and void. v. Also for any other relief/reliefs for which the petitioners are found to be entitled in the eye of law.”
Patna High Court CWJC No.15693 of 2017(3) dt.06-05-2025 3/4
3. A counter affidavit of the respondent no.7 (the Special Land Acquisition Officer, Patna) is on record. The copy was duly served on the learned counsel for the petitioners on 20th July 2018. 4. As per the writ, the matter relates to land acquisition proceeding Case No.13/2002-2003 and after measurement of the land notification for acquisition of 10.69 acre of land was issued on 25.01.2003. Accordingly, an award of Rs.1,03,82,744/- was declared on 20.01.2006 and notices issued to the awardees by the Block Development Officer, Wazirganj, Gaya, for payment. 5. The contention is that some of awardees turned up, dispute arose between awardees and interested persons for the award amount and, thereafter, the matter was taken by the Court of Special Land Acquisition Officer, Gaya. It was disposed of in the year 2016 whereafter the compensation amount was paid. 6. It is the case of the petitioner that when they themselves kept the matter subjudiced and payment was made only in the year 2016, naturally, they are rightly laying claim to take into account the 2013 Act. 7. It is the contention that each and every petitioners shall shall be filing their individual petition before the
Patna High Court CWJC No.15693 of 2017(3) dt.06-05-2025 4/4 Divisional Commissioner, Magadh Division, Gaya, (respondent no.4) along with relevant document, to satisfy him/her. 8. If such petition is preferred individually by the petitioners in next four weeks, the same shall be taken to its logical conclusion in next six months as according to the counter affidavits filed by respondents themselves, the compensation amount has been paid in the year 2016. 9.
The writ petition stands disposed of. anand/- (Rajiv Roy, J) U