Disposed¶31

Yogendra Dubey and Anr. v. The State Of Bihar and Ors.

Patna HC5 May 2025CWJC/14763/2017

Case brief

AI extract

What is this about?

Patna High Court 2025; CWJC No.14763 of 2017; Yogendra Dubey and Rajendra Dubey v. State of Bihar and others incl. B.R.B.C.L. Bhartiya Rail Bijlee Company Limited, Nabinagar; compensation for acquired Raiyati land; Village Redia, Aurangabad; cosharers compensated but petitioners unpaid; statutory and penal dues claimed; State's counter-affidavit paragraph-15 assurance of payment after de-notification; writ disposed with liberty to approach competent authority within four weeks; decision within six months; Rajiv Roy, J.

What did the court decide?

Petitioners allowed to move the competent authority within four weeks; if filed within the stipulated period, the competent authority to take the matter to its logical conclusion within the next six months. ¶31

Yogendra Dubey and Anr. Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶31

Issue for consideration

Whether the respondents are liable to pay compensation to the petitioners for their already-acquired Raiyati land, given that compensation was paid to other cosharers but not to the petitioners.

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Court's answer

With the consent of the parties, the writ petition stands disposed of, allowing the petitioners to move before the competent authority within the next four weeks, in view of the State's statement in paragraph-15 of the counter-affidavit of respondent nos. 3 to 5 accepted by learned counsel for the petitioners.

¶31

Ratio / Principle

If the petitioners file their representation before the competent authority within the stipulated period, the authority shall take the matter to its logical conclusion within the next six months.

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Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J), order dated 05-05-2025 in Civil Writ Jurisdiction Case No.14763 of 2017 filed by Yogendra Dubey and Rajendra Dubey, seeking payment of compensation for their acquired Raiyati land at Village Redia, P.S. N.T.P.C. Khaira, District Aurangabad, where compensation had been paid to other cosharers though not to the petitioners, alongwith statutory and penal dues up to date. Relying on paragraph-15 of the counter-affidavit filed on behalf of respondent nos. 3 to 5 (the State authorities) stating that the compensation would be paid just after de-notification of the petitioner's land, and with the consent of the parties, the Court disposed of the writ petition allowing the petitioners to move before the competent authority within the next four weeks; if the representation is filed within the stipulated period, the competent authority is to take it to its logical conclusion within the next six months. No statute or precedent was discussed and no quantum was fixed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14763 of 2017

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Yogendra Dubey and Anr Son of Late Jainandan Dubey,

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Rajendra Dubey, Son of Late Jainandan Dubey, Both resident of VillageRedia, P.O.- Pirauta, P.S. N.T.P.C. Khaira, District- Aurangabad Bihar.

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... ... Petitioner/s

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Versus

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The State Of Bihar.

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The Director, Department of Land Reforms Govt. of Bihar, Patna.

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The District Collector, Aurangabad.

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The District Land Acquisition Officer Aurangabad.

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The Additional Collector, Aurangabad.

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The Anchaladhikari, Nabinagar, Aurangabad.

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The B.R.B.C.L. Bhartiya Rail Bijlee Company Limited Nabinagar, Aurangabad.

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... ... Respondent/s

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

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Appearance :

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For the Petitioner/s : Mrs. Leelawati Kumari, Advocate For the Respondent/s : Mrs. Nutan Sahay, AC to AAG-12

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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3 05-05-2025

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Heard Mrs. Leelawati Kumari, learned counsel for the petitioners and Mrs. Nutan Sahay, learned AC to AAG-12.

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The present writ petition has been preferred for the following relief(s):

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“for direction upon the respondents to make payment of compensation to the petitioners as Raiyati land of the petitioners has already been acquired and the payment of compensation for the same has not been given to the petitioner though the respondents have paid compensation to other cosharers of the petitioner for the land in question

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Patna High Court CWJC No.14763 of 2017(3) dt.05-05-2025 2/2

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alongwith statutory and penal up to date.”

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After some arguments, learned counsel for the petitioner candidly accepts that they shall be approaching the competent authority for the redressal of the grievance in view of the statement made by the State in paragraph-15 of the counteraffidavit filed on behalf of the respondent nos. 3 to 5.

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Paragraph-15 of the counter-affidavit read as follows:

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“That it is humbly submitted that just after de-notification of the land of the petitioner, the payment of compensation amount of this acquired land will be made to him.”

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In that background, with the consent of the parties,

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the writ petition stands disposed of allowing the petitioners to move before the competent authority in next four weeks and if the same is filed within the stipulated period, the same shall be taken to its logical conclusion within next six months.

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(Rajiv Roy, J)

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Adnan/-

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Yogendra Dubey and Anr. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Yogendra Dubey and Anr. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

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