IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12229 of 2025 ====================================================== Bina Devi Wife of Sri Abhay Kumar, Resident of Kagji Mohalla, Police Station- Siwan (Town), Dist- Siwan, Bihar. ... ... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Govt. of Bihar. 2. Principal Secretary, Urban Development and Housing Department, Govt. of Bihar. 3. Commissioner, Saran Division, Chhapra. 4. Collector, Siwan. 5. Circle Officer, Pachrukhi Circle, District- Siwan. 6. Nagar Parishad, Siwan, through its Executive Officer. 7. Chairman, Nagar Parishad, Siwan. 8. Executive Officer, Nagar Parishad, Siwan. 9. Land Acquisition Officer, Siwan. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajendra Narain, Sr. Advocate Mrs.Anju Kumari @ Anju Narain, Advocate For the Respondent/s : Mr. Ajay Bihari Sinha, learned G.A. (08) For respondent no.6 : Mr. Ravi Bhushan Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 31-07-2025 Heard Mr. Rajendra Narain, learned Senior Counsel duly assisted by Mrs. Anju Narain and Mr. Ajay Bihari Sinha, learned G.A. beside Mr. Ravi Bhushan Verma, representing the Nagar Parishad, Siwan (respondent no.6). 2. The present petition has been preferred for the following relief/s: (i) issuance of an appropriate writ including a writ in the nature of writ of mandamus Patna High Court CWJC No.12229 of 2025(2) dt.31-07-2025 2/5 commanding the respondents to forthwith make payment of the land admeasuring 18 dhurs of Khata no. 12 Plot no. 448/451 and 448/563 situated on the side of Babuniya Road near Babuniya More of Siwan Town taken by them for construction of RCC drainage of 300 feet from Babuniya More to Daha river under the Government scheme of Mukhyamantri Sahari Naali Gali Saat Nischay Yojana, but without resorting to any land acquisition proceeding and without paying any compensation by them for taking the petitioner's land for such use; (ii) issuance of an appropriate writ including a writ in the nature of writ of mandamus commanding the respondents that payment of compensation to the petitioner for her 18 dhurs of said land which is a commercial land in the commercial area and heart of the Siwan Town taken by them in their possession for their use and for construction of such drainage over the petitioner's land, Patna High Court CWJC No.12229 of 2025(2) dt.31-07-2025 3/5 shall be made in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (hereinafter referred to in short as the 'Act'); (iii) issuance of other appropriate writ(s), order (s), direction(s) as may be deemed fit and proper including direction for payment of interest @ of 18% per annum for such delay. 3. Matter relates to land of the petitioner. The details of which are as follows: (i) khata no.12, Plot nos. 448/451 and 448/563 measuring 2 khata; (ii) khata no. 36 plot no. 450 measuring 4 kattha 12 dhur 8.5 dhurki. 4. Learned Senior Counsel submits that the Jamabandi is running in name of the lady and she is also paying rent. However, the Nagar Parishad, Siwan without any notice and/or taking any steps to acquire the land and/or make payment, resorted to construction of RCC drainage from Patna High Court CWJC No.12229 of 2025(2) dt.31-07-2025 4/5 Babuniya More to Daha river under the government scheme of ‘Mukhyamantri Sahari Naali Gali Saat Nischay Yojana’ (henceforth for short ‘the Yojana’). 5. He has straight away taken this Court to an order coordinate bench in C.W.J.C. No. 2560 of 2020 (Vijay Kumar Jayasaval vs. the State of Bihar & Ors.) disposed of on 16.05.2023 to submit that in that case also, the similar prayer was made and the coordinate bench disposed it of directing the respondent to look into the matter and if the land has been utilized, to make payment. 6. Learned State counsel concurs that if the land of the petitioner has been taken for the purpose of construction under ‘the Yojana’, certainly, the Nagar Parishad has to act. 7. The Nagar Parishad is represented and the learned counsel submits that they shall be looking into the matter and shall take immediate steps. 8. Having heard the parties, it is unfortunate that each and every aggrieved person due to inaction of the Nagar Parishad, Siwan has to individually approach this Court. In the opinion of the Court, once an order came to be passed in the case Vijay Kumar Jayasaval (supra), the Nagar Parishad, Siwan was duty bound to come out of deep slumber and look into Patna High Court CWJC No.12229 of 2025(2) dt.31-07-2025 5/5 similar situation such matter and get it settled at the local level itself. 9. Instead, it is waiting for each and every individual to approach the Patna High Court. 10. In that background, this Court at one point wanted to impose cost on the Nagar Parishad, Siwan. However, since granting adjournment and allowing them to file reply before imposing cost, as it will take some more time, with the consent of the parties, the writ petition is disposed of allowing the petitioner to approach the District Land Acquisition Officer, Siwan (respondent no.9) who shall be noting all the necessary parties including the Nagar Parishad, Siwan and shall be taking a decision in the case of the petitioner by 31.12.2025. 11. If the respondent no.9 comes with a decision that the petitioner is entitled to the payment, the Nagar Parishad, Siwan is duty bound to clear the compensation amount by 31.03.2026. 12. The writ petition stands disposed of with the aforesaid observation. Ravi/- (Rajiv Roy, J) U