Disposed¶27

Chandra Mohan Chaudhary v. The State Of Bihar and Ors.

Patna HC14 Jul 2025CWJC/7616/2017

Case brief

AI extract

What is this about?

Land acquisition compensation award not issued; National Highway No.17 (Baluaha Ghat–Gandaul to Biraul/Hathikothi), Saharsa; Khata No. 369 / New Khesra No. 1359/3924, 2 katha, Mauza-Gandaul; heirs' shares in compensation per counter affidavit Annexure-A (sons 1/4 each; deceased 1/2 of ancestral land; 50% to agnate Krishna Mohan Choudhary); widow directed to approach Land Acquisition Officer (respondent no.4) if aggrieved; CWJC No.7616 of 2017, Patna High Court, disposed of 14-07-2025 by Rajiv Roy, J.

What did the court decide?

No affirmative relief; the writ petition was disposed of with the observation that, the compensation having been received by the two sons, the widow petitioner may approach the concerned authority (respondent no.4, the Land Acquisition Officer, Saharsa) if she has any grievance. ¶27

Chandra Mohan Chaudhary Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should be commanded and directed to prepare and issue the award of compensation for the petitioners' land (Khata No. 369, New Khesra No. 1359/3924, Mauza-Gandaul) acquired for National Highway No.17, and how the widow petitioner's potential grievance should be addressed given that the two sons have received the compensation amount.

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Court's answer

Considering that the compensation amount has been received by the two sons, if the widow has some grievance, she can very well approach the concerned authority (respondent no.4).

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Ratio / Principle

The writ petition stands disposed of with the aforesaid observation, and pending Interlocutory Application(s), if any, also stand disposed of.

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Detailed headnote1 paragraphs

Patna High Court, Civil Writ Jurisdiction Case No.7616 of 2017 — Kamini Devi & Ors. v. The State of Bihar & Ors., oral order dated 14-07-2025 delivered by Rajiv Roy, J. The petitioners (widow and two sons of the late Chandra Mohan Chaudhary) sought mandamus commanding the respondents to prepare and issue the award of compensation for land (Khata No. 369; New Khesra No. 1359/3924, measuring 2 katha, Mauza-Gandaul, P.S.-Mahishi, District-Saharsa) acquired for construction of National Highway No.17 between Baluaha Ghat and Gandaul to Biraul (Hathikothi), Saharsa, compensation not having been paid despite apprisal of ownership; a parallel deed-of-gift school-building acquisition was noted where compensation was to be paid. On the counter affidavit of respondent nos. 3 and 4 (Annexure-A), the Court recorded that both sons had received 1/4 share each, the deceased having been entitled to only 1/2 of the ancestral land, the remaining 50 per cent going to other agnates (Krishna Mohan Choudhary). The Court held that since the compensation amount had been received by the two sons, the widow, if aggrieved, may approach the concerned authority (respondent no.4); the writ petition and pending interlocutory application(s) stand disposed of with that observation.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7616 of 2017

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1.1. Kamini Devi W/o Late Chandra Mohan Chaudhary, Resident of Village - Gandaul, Ward No. 02, P.S. - Mahishi, District- Saharsa.

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1.2. Priya Ranjan Choudhary S/o Late Chandra Mohan Chaudhary, Resident of Village - Gandaul, Ward No. 02, P.S. - Mahishi, District- Saharsa.

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1.3. Rakesh Roshan Choudhary S/o Late Chandra Mohan Chaudhary, Resident of Village - Gandaul, Ward No. 02, P.S. - Mahishi, District- Saharsa.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

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The District Magistrate, Saharsa.

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The Land Acquisition Officer, Saharsa.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Pramod Mishra, Advocate For the Respondent/s : Mr.Raj Kishore Roy- Gp18 ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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4 14-07-2025 Heard the parties.

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The present petition has been preferred for the

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following relief/s:

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(i) for issuance of an appropriate writ preferably in the nature of Mandamus commanding and directing the Respondents concerned to prepare and issue the award of compensation for acquisition of land vide Khata No. 369, Khesra No. 446 (old), New Khesra No. 1359/3924, measuring 2 katha

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Patna High Court CWJC No.7616 of 2017(4) dt.14-07-2025

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2/3

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under Mauza-Gandaul, P.S.-Mahishi, District-Saharsa which has been acquired for the purposes of construction of National Highways No.17 between Baluaha Ghat and Gandaul to Biraul (Hathikothi), Saharsa, which land belongs to this petitioner, but despite apprising the factual position and ownership of the land by the petitioner the compensation is not being paid to him whereas in the similar matter in which a deed of gift was also executed by the petitioner in respect of constructing the school building which too has been acquired by the Respondent State for the said purpose in which compensation amount is to be paid to the petitioner. And/or any other relief or reliefs for which the petitioner is found entitled to in the facts and circumstances of this case.

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Mr. Raj Kishore Roy has taken this Court to the counter affidavit filed on behalf of respondent nos. 3 and 4 with specific reference to Annexure-A to show that both sons namely

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Patna High Court CWJC No.7616 of 2017(4) dt.14-07-2025 3/3

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Rakesh Roushan Chudhary and Priya Ranjan Choudhary have received 1/4 share each as the deceased Chandra Mohan Choudhary was entitled to only 1/2 of the ancestral land. The rest 50 per cent went to the other agnates namely Krishna Mohan Choudhary.

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Learned counsel for the petitioner submits that the lady widow shall be ascertaining the fact and if necessary, shall be filing objection.

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Considering the fact that the compensation amount has been received by the two sons, if the widow has some grievance, she can very well approach the concerned authority (respondent no.4).

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The writ petition stands disposed of with the aforesaid observation.

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Pending Interlocutory Application(s), if any also stand(s) disposed of.

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(Rajiv Roy, J)

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Ravi/-

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Chandra Mohan Chaudhary v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Chandra Mohan Chaudhary v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

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What the court decided

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