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2026 DAILYLAW 38032 (PAT)

Devendra Singh v. The State Of Bihar and Ors

CWJC/20082/2016 · 2026-02-02

Rajiv Roy

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20082 of 2016 ====================================================== Devendra Singh S/o late Babulal Singh Resident of Village-Ghataro, Tola- Ram Nagar, Post-Ghataro, P.S.-Kartaha Lalganj District-Vaishali ... ... Petitioner/s Versus 1. The State Of Bihar 2. The Collector, Vaishali 3. The District Land Acquisition Officer, Vaishali at Hajipur 4. Dina Nath Singh S/o Late Ram Naresh Singh 5. Ravinath Singh S/o Late Ram Naresh Singh 6. Anita Devi D/o Late Ram Naresh Singh 7. Shakuntala Devi D/o Late Ram Naresh Singh 8. Rita Devi D/o Late Ram Naresh Singh 9. Bachchi Devi D/o Late Ram Naresh Singh 10. Ranjan Singh S/o Late Ram Pravesh Singh 11. Rajkali devi W/o late Ram Pravesh Singh 12. Jageshwar Singh S/o late Yamuna Singh 13. Binesh Singh Late Ram Umesh Singh @ Late Ram Munesh Singh 14. Raj Kishore Singh S/o Late Ram Umesh Singh @ Late Ram Munesh Singh 15. Shambhu Singh S/o Late Gaibi Singh 16. Ashok Singh S/o Late Gaibi Singh 17. Ram Kalash Singh S/o Late Chinta Singh 18. Manoj Singh S/o Late Siya Ram Singh 19. Munna Singh S/o Late Siya Ram Singh 20. Santosh Kumar S/o Late Siya Ram Singh null 21. Man Raj Kumar S/o Late Siya Ram Singh null 22. Ganesh Kumar S/o Late Siya Ram Singh null 23. Dhanraj Kumar S/o Late Siya Ram Singh 24. Khapatiya Devi D/o Late Siya Ram Singh 25. Parwati Devi D/o Late Siya Ram Singh 26. Jai Jai Ram Singh S/o Late Chinta Singh 27. Ram Dular Singh S/o Late Binda Singh 28. Shiv Kumar Singh S/o late Binda Singh 29. Mosmat Daya Devi W/o Late Ram Umesh Singh @ late Ram Munesh Singh Respondents No. 4 to 29 are Resident of Village-Ghataro, Tola-Ram Nagar, Post-Ghataro, P.S.-Kartaha Lalganj District-Vaishali Patna High Court CWJC No.20082 of 2016(3) dt.02-02-2026 2/6 ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Chandra Mauli Chaurasia, Advocate For the Respondent/s : Mr.Viveka Nand Singh, AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 02-02-2026 Heard the parties. 2. The present petition has been preferred for the following relief/s: (i) for issuance of a writ in the nature of 'mandamus' commanding upon the respondents No. 2 and 3 by restraining them to make any payment of the rest due compensation amounts to the respondents No. 4 to 29 under the provisions the Land Acquisition Act, 2013 with respect to an area of 70 decimals of land of the petitioner of Kheshra No. 2335 of Khata No. 1754 situated in Mouza- Ghataro, P.S. and Anchal Lalganj in the district of Vaishali acquired by the state govt. under the Hajipur Sugauli Railway Line Project No. 9 of 2007-08 till the pendency of T.S. No. 139 of 2006 in the court of learned Sub-Judge IInd Vaishali at Patna High Court CWJC No.20082 of 2016(3) dt.02-02-2026 3/6 Hajipur filed on behalf of the petitioner against the respondents No. 4 to 29 with respect to the aforesaid land in question along with some other lands which is pending for hearing till date even then the respondent No. 3 is bent upon to make payment of the rest due compensation amounts to the respondents No. 4 to 29 in spite of the objection petition filed on behalf of the petitioner before the respondent No. 3 earlier on record; (ii) for issuance of a writ in the nature of 'mandamus' commanding the respondent No. 2 and 3 concern to initiate a proceeding or case against the Respondents No. 10, 11, 12, 15, 16 and 29 for recovery of the compensation Amounts with due interest there on from them already paid to them on 30.1.2013 and 7.3.2013 vide Annexure-8 series to this Writ Application by the respondent No. 3 with respect to an area of 31% decimals of land of the petitioner of Patna High Court CWJC No.20082 of 2016(3) dt.02-02-2026 4/6 Kheshra No. 2335 of Khata No. 1754 out of 70 dec. of the same plot acquired by the state govt. for construction of the Hajipur Sugauli Railway Line under Project No. 9 of 2007-08 and the aforesaid compensation has been paid to them by the respondent No. 3 without any notice to the petitioner, without hearing him prior to making payment of the said compensation to the aforesaid private respondents even without considering the objection petition filed on behalf of the petitioner already on record of the respondent No. 3 knowing full well that one T.S. No. 139 of 2006 is pending between the parties with respect to the land in question acquired by the State Government along with some other lands in the civil court, Hajipur till date; (iii) for direction to the respondents authorities concern to hear the objection petitions already filed on behalf of the petitioner before the respondent No. 3 in Patna High Court CWJC No.20082 of 2016(3) dt.02-02-2026 5/6 accordance with law u/s 15 of the New Land Acquisition Act, 2013 contained in Annexure-5, 9, 12 series and 13 of the writ application and to dispose of the same immediately after hearing the parties concern; (iv) for direction to the respondents authorities concern to make payment of the entire compensation amounts with respect to an area of 70 decimals of land of the petitioner of Kheshra No. 2335 of Khata No. 1754 acquired by the respondent State under the said project between the petitioner and the private respondent No. 4 to 29 subject to the final decision of T.S. No. 139 of 2006 pending in the civil court, Hajipur with respect to aforesaid land in question along with other lands; (v) and further for grant of any other relief or reliefs for which the petitioner is entitled for in the facts, law and circumstances of the case of the petitioner on record. Patna High Court CWJC No.20082 of 2016(3) dt.02-02-2026 6/6 2. On 25.08.2025, notice was issued to respondent nos. 04 to 29 and the order was peremptory. 3. As the same was not complied, it stood rejected on 22.09.2025. 4. Perused the file, consigned. Ravi/- (Rajiv Roy, J) U