Kishori Prasad Singh Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

Kishori Prasad Singh Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to the State: unpaid compensation for the acquired raiyati land of Parbhudayal Singh and others to be paid only after declaration of the title suit; if payment has already been made, petitioner at liberty to file a case before the concerned recipient who did not pay him, adding the Land Acquisition Officer as party.

Issue for consideration

Whether the respondent authorities should be directed to make payment of compensation to the petitioner for the land acquired under Land Acquisition Case No.41 of 2016-17 (Khata No.82, Mauza Shaifabad, Thana No.347, held jointly with co-sharers) for the 6-lane Green Field Bridge over the Ganga River. +1 more

Ratio / Principle

Directing the State: in case payment for the said acquisition to the petitioner for the raiyati land of Parbhudayal Singh and others has not been made till date, payment shall be made only after declaration of the title suit.

Key takeaways

In case the said payment has already been made with regard to the said acquisition, the petitioner shall be at liberty to file a case before the concerned person who has received payment and not paid the amount to the petitioner, adding the Land Acquisition Officer as party.ratio¶22

Detailed headnote1 paragraphs

Patna High Court, Civil Writ Jurisdiction Case No.11231 of 2018 (oral order dated 28-04-2025, Dr. Anshuman, J.): petitioner Kishori Prasad Singh sought direction for payment of compensation for land acquired under Land Acquisition Case No.41 of 2016-17 (Khata No.82, Mauza Shaifabad, Thana No.347, joint property with co-sharers) for the 6-lane Green Field Bridge over the Ganga River, payment having been linked to the outcome of Partition Suit No.64 of 2018 pending before the competent court. The writ petition was disposed of with directions: where payment for the raiyati land of Parbhudayal Singh and others remains unpaid till date, it shall be made only after declaration of the title suit; where the acquisition payment has already been made, the petitioner is at liberty to file a case before the concerned person who received payment without paying the petitioner, adding the Land Acquisition Officer as party.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11231 of 2018

======================================================

Kishori Prasad Singh Son of Late Ram Sundar Singh, resident of VillageAmer Tola, Kramopur, P.O.- Nawa Nagar, P.S.- Bidupur, District- Vaishali.

... ... Petitioner/s

Versus

The State Of Bihar

The District Magistrate, Vaishali at Hajipur.

The Land Acquisition Officer, Hajipur, District- Vaishali.

The Circle Officer, Raghopur Block, District- Vaishali.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s : Mr.Anil Kumar, Adv. For the Respondent/s : Mr.Subhash Chandra Yadav -GP15 ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

5 28-04-2025

Heard Learned Counsel for the petitioner and

Learned Counsel for the State.

Learned Counsel for the petitioner submits that the present writ petition has been filed for directing the respondent authorities to make payment of compensation against the land acquired bearing Khata No.82 of Mauza- Shaifabad, Thana No.347 in different plot numbers in joint property of the petitioner with other co-sharer for the purpose of 6-lane Greeen Field Bridge over Ganga River bearing Land Acquisition Case No.41 of 2016-17. The specific direction was made that the said payment be made after judgment of partition suit bearing Partition Suit No.64 of 2018.

Counsel for the State submits that vide Annexure-2 of the writ petition, it becomes crystal clear that the acquisition process has been initiated by virtue of Land Acquisition Case

Patna High Court CWJC No.11231 of 2018(5) dt.28-04-2025 2/2

No.41 of 2016-17 and the petitioner has filed the application before this Hon’ble Court in the year 2018. He further submits that vide Annexure-5, it becomes also clear that partition suit has been filed before the competent court bearing Partition Suit No.64 of 2018.

In this view of the matter, the present writ petition is hereby disposed off directing the State that in case, the payment shall not be made with regard to said acquisition to the petitioner for raiyati land of Parbhudayal Singh and others till date, then payment shall be made only after declaration of title suit. But in case, the said payment has already been made with regard to the said acquisition, then the petitioner shall be at liberty to file case before the concerned person, who has received payment and not paid the amount to the petitioner adding party to the Land Acquisition Officer as party.

With the aforesaid directions and observations, the present writ application stands disposed off.

(Dr. Anshuman, J.)

Prakashmani/-

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