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Mukhiya Kunwar Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

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Patna HC
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Mukhiya Kunwar Vs The State Of Bihar and Ors.Mukhiya Kunwar v. The State Of Bihar and Ors.

Dismissed¶29

Mukhiya Kunwar v. The State Of Bihar and Ors.

Patna HC7 May 2024CWJC/13439/2017

Case brief

AI extract

What is this about?

Patna High Court, Civil Writ Jurisdiction Case No.13439 of 2017, oral order dated 07-05-2024 by Hon'ble Mr. Justice Rajiv Roy. Petitioner (widow, over 80 years) sought mandamus for payment of arrears of present value of acquired land with 18% statutory interest. Court found entire compensation of Rs. 868005/- was paid on 31.10.2020 to her son pursuant to a family authority dated 24.10.2020 bearing the petitioner's LTI (Annexure-R/B); writ petition dismissed without costs. Keywords: land acquisition compensation, payment to legal heir, LTI/consent of widow, 18% statutory interest, mandamus, Rohtas/Sasaram.

What did the court decide?

A perusal of the authority given by the entire family members on 24.10.2020 (Annexure-R/B to the supplementary counter affidavit) shows that the petitioner herself, Mukhiya Kunwar, had given her LTI and her name was incorporated and certified; her consent to the payment to her son thus stood established.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the respondents were liable to pay the petitioner the arrears amount of the present value of the acquired land together with 18% statutory interest till the date of payment (writ of mandamus sought). +1 more

Court's answer

On the facts, the petitioner was continuing the writ petition on ill advice despite the entire payment having been made by the respondents in the year 2020 itself (Rs. 868005/- received by her son Ramjanam Singh on 31.10.2020); consequently the writ petition seeking arrears with 18% statutory interest failed and was dismissed.

Ratio / Principle

A perusal of the authority given by the entire family members on 24.10.2020 (Annexure-R/B to the supplementary counter affidavit) shows that the petitioner herself, Mukhiya Kunwar, had given her LTI and her name was incorporated and certified; her consent to the payment to her son thus stood established.

Key takeaways

This Court refrained from imposing any costs on the petitioner only because she is a lady and, as per the affidavit, more than 80 years of age.ratio¶28

Detailed headnote1 paragraphs

Land acquisition compensation — writ of mandamus sought for arrears of present value of acquired land with 18% statutory interest — counter affidavit of District Magistrate, Rohtas recorded payment made into the account of the deceased landowner's son with consent of all legal heirs — on objection that the widow-petitioner's consent was unclear, supplementary counter affidavit filed with authority dated 24.10.2020 executed by the entire family, showing the petitioner had affixed her LTI (Annexure-R/B) — on that certificate her son received Rs. 868005/- on 31.10.2020 — entire payment having been made in 2020 itself, the writ petition was dismissed as continued on ill advice; no costs imposed as the petitioner is a lady aged over 80 years.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13439 of 2017

====================================================== Mukhiya Kunwar Wife of Late Ram Janm Singh, Resident of Village- Takiya, Ward No.3, P.O.- Takiya Bazar, District- Rohtas Bihar.

... ... Petitioner/s

Versus

The State Of Bihar

The Bihar Agricultural Produce Market Committee, Takiya Sasaram, P.O.Takiya Bazar, District- Rohtas

The District Magistrate, District- Rohtas Bihar.

THe Sub Divisional Officer, Sub-Division Sasaram, Distt- Rohtas Bihar.

The Circle Officer, Circle Sasaram, District- Rohtas Bihar.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Ful Man Singh, Advocate For the Respondent/s : Mr.Raj Kishore Roy-Gp18 ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

3 07-05-2024 Heard the parties.

2. The present application has been preferred for issuing writ in the nature of mandamus or any other writ/writs, order/orders, direction/directions to the respondents to pay the arrears amount of present value of the acquired land with 18% statutory interest till the date of payment.

Earlier, on 15.4.2024, when the matter was taken

up, the State had placed the counter affidavit on behalf of the respondent no.3, the District Magistrate, Rohtas at Sasaram and

Patna High Court CWJC No.13439 of 2017(3) dt.07-05-2024 2/3

paragraph-10 read as follows:

"10. That it is stated in the context that

said Ramjanam Singh has died and the petitioner Mukhiya Kunwar is his widow, so, with the consent of all the legal heirs of late Ramjanam Singh, including the petitioner payment has been made in the account of his one son namely Rambhajan Sing".

As per it, on the basis of the authority given to one of the family members, Ramjanam Singh, the payment was made. However, as the learned counsel for the petitioner raised objection that it is not clear whether the lady had given consent, it was adjourned with a direction to the respondents to file supplementary counter affidavit on the point whether the lady had also given her consent or not.

The supplementary counter affidavit of respondent no.3 duly signed by the District Land Acquisition Officer, Rohtas at Sasaram has been filed annexing the authority given by entire family members on 24.10.2020 and a perusal of it would show that the petitioner herein, Mukhiya Kunwar has also given her LTI and the name incorporated and certified

Patna High Court CWJC No.13439 of 2017(3) dt.07-05-2024 3/3

(Annexure-R/B) to the supplementary counter affidavit. On the basis of such certificate, the son, Ramjanam Singh received Rs.

868005/- on 31.10.2020.

From the aforesaid facts, it is clear that the petitioner, on ill advice, is continuing with the writ petition despite the fact that the entire payment has been made by the respondents in the year 2020 itself.

Only because, she is a lady and as per the affidavit, is more than 80 years of age, this Court is refraining from imposing any cost.

The writ petition stands dismissed.

(Rajiv Roy, J)

Ravi/-

U

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the respondents were liable to pay the petitioner the arrears amount of the present value of the acquired land together with 18% statutory interest till the date of payment (writ of mandamus sought).¶15
The court held
On the facts, the petitioner was continuing the writ petition on ill advice despite the entire payment having been made by the respondents in the year 2020 itself (Rs. 868005/- received by her son Ramjanam Singh on 31.10.2020); consequently the writ petition seeking arrears with 18% statutory interest failed and was dismissed.ratio¶27
2.
Whether the petitioner (widow of the deceased landowner) had given her consent to payment being made into the account of her son Rambhajan Singh on behalf of the legal heirs.¶22
The court held
A perusal of the authority given by the entire family members on 24.10.2020 (Annexure-R/B to the supplementary counter affidavit) shows that the petitioner herself, Mukhiya Kunwar, had given her LTI and her name was incorporated and certified; her consent to the payment to her son thus stood established.ratio¶23

Procedural history

How this case reached the court

AI extract

Prior proceeding
On 15.4.2024, when the matter was taken up, the State placed the counter affidavit of respondent no.3, the District Magistrate, Rohtas at Sasaram, recording that the deceased landowner Ramjanam Singh had died, the petitioner is his widow, and payment had been made into the account of his son Rambhajan Sing with the consent of all legal heirs.¶17
Prior proceeding
Learned counsel for the petitioner objected that it was not clear whether the petitioner (the widow) had given her consent to such payment; the matter was adjourned with a direction to the respondents to file a supplementary counter affidavit on that point.¶22
Prior proceeding
Supplementary counter affidavit of respondent no.3, duly signed by the District Land Acquisition Officer, Rohtas at Sasaram, was filed annexing the authority given by the entire family members on 24.10.2020 (Annexure-R/B), showing the petitioner had also given her LTI; on that certificate the son received Rs. 868005/- on 31.10.2020.¶23

Parties & counsel

AI extract

petitioner
Mukhiya Kunwar Wife of Late Ram Janm Singh¶2
Mr.Ful Man Singh
respondent
The State Of Bihar¶5
Mr.Raj Kishore Roy-Gp18
respondent
The Bihar Agricultural Produce Market Committee, Takiya Sasaram¶6
Mr.Raj Kishore Roy-Gp18
respondent
The District Magistrate, District- Rohtas Bihar¶7
Mr.Raj Kishore Roy-Gp18
respondent
THe Sub Divisional Officer, Sub-Division Sasaram, Distt- Rohtas Bihar¶8
Mr.Raj Kishore Roy-Gp18
respondent
The Circle Officer, Circle Sasaram, District- Rohtas Bihar¶9
Mr.Raj Kishore Roy-Gp18

Coram

AI extract

Rajiv Royauthor¶12

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 7 May 2024 · May
Registered: 12 Sept 2017
Case no.: CWJC/13439/2017
CNR: BRHC010077742017
Bench: Rajiv Roy
Disposal: DISMISSED
Case type: Civil Writ Jurisdiction Case

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Cite this judgement

Mukhiya Kunwar v. The State Of Bihar and Ors., CWJC/13439/2017 (PAT), decided on 7 May 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history3

On 15.4.2024, when the matter was taken up, the State placed the counter affidavit of respondent no.3, the District Magistrate, Rohtas at Sasaram, recording that the deceased landowner Ramjanam Singh had died, the petitioner is his widow, and payment had been made into the account of his son Rambhajan Sing with the consent of all legal heirs.
Learned counsel for the petitioner objected that it was not clear whether the petitioner (the widow) had given her consent to such payment; the matter was adjourned with a direction to the respondents to file a supplementary counter affidavit on that point.

View full history

Bench / Coram

Rajiv Roy

Parties & counsel