Vimla Devi @ Vimla Kunwar vs The State Of Bihar
2023 Latest Caselaw 800 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.525 of 2020
     ======================================================

1. Vimla Devi @ Vimla Kunwar wife of Late Munshi Ram resident of Village-

Shivganj, Ward no. 29, Dehri, P.S. Dehri, District- Rohtas at Sasaram.

2. Tulsi Ram son of Late Manki Ram @ Late Manki Dusadh resident of Village- Shivganj, Ward no. 29, Dehri, P.S. Dehri, District- Rohtas at Sasaram.

3. Sharda Ram son of Late Manki Ram @ Late Manki Dusadh resident of Village- Shivganj, Ward no. 29, Dehri, P.S. Dehri, District- Rohtas at Sasaram.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

2. The Principal Secretary, Department of Revenue and Land Reforms, Govt.

of Bihar, Patna.

3. The Commissioner, Patna Division, Patna.

4. The District Magistrate-cum- Collector, Rohtas at Sasaram.

5. The District Land Acquisition Officer, Rohtas at Sasaram.

6. The D.C.L.R., Sasaram, Rohtas.

7. The C.O., Sasaram, Rohtas.

8. Dhanvarti Devi wife of Bhuar Dusadh Resident of Mohalla- Nuranganj, Ward No. 32, Baulia Road, P.S. Sasaram Town, District- Rohtas.

9. Asharfi Devi wife of Santu Dusadh, D/o Late Seth Dusadha Resident of Mohalla- Khagariapatti, Takiya, Ward No. 03, P.S. Sasaram, District- Rohtas.

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr. Babu Nandan Prasad, Advocate For the Respondent/s : Mr. Raj Kishore Roy, GP18 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT

Date : 17-02-2023

Heard learned counsel for the petitioners, learned counsel

for the State and learned counsel for the respondent no. 9. Patna High Court CWJC No.525 of 2020 dt.17-02-2023

The petitioners have filed the instant application for the

following reliefs:

"I. Issuance of writ/ writs, order/orders, direction/directions in the nature of mandamus commanding the Respondents Authorities to distribute equal share of Compensation Amount amongst the petitioners and Respondent no. 8 and 9 in equal share as they are members of Joint Hindu family and distribution of Land amongst them has not been finalized as yet. II. To issue any other writ(s)/ direction(s)/orders

(s) as this Hon'ble court may deem fit and proper in the facts and circumstances of the case."

The case of the petitioners in brief is that they received

notice on 21.10.2019 in connection with Case No.8 (5/2019-20)

from the District Land Acquisition Officer, Rohtas, ('DLAO' in

short) asking the petitioners to submit their claim with respect to

the land acquired by the Government. Referring to the

genealogical table brought on record as Annexure-3 to the

petition, it is submitted that the petitioners on one hand and the

private respondent nos. 8 and 9 are co-sharers. As such the

petitioners filed a detailed application before the DLAO to the

effect that as no partition has taken place between the family

members, as such the compensation amount be distributed Patna High Court CWJC No.525 of 2020 dt.17-02-2023

amongst the co-sharers. It is further submitted that by learned

counsel appearing for the petitioners that this Court by its order

dated 28.6.2022, while issuing notice to the respondent nos. 8

and 9 had directed that during pendency of this case,

compensation amount shall not be dispensed in favour of any of

the claimants.

Pursuant to the notice issued, both the private respondents

have appeared.

A counter affidavit has been filed on behalf of the State-

respondents ie respondent nos. 4 to 7 and another counter

affidavit on behalf of respondent no.9.

It is submitted by learned counsel for the State that the

writ application relates to payment of compensation on

acquisition of land appertaining to Khata no.2(83) Plot Nos.

420, 421 and 422 measuring an area of 0.04, 0.16 and 0.16

hectares respectively. It is further submitted that the petitioners

filed an application praying for payment of half of

compensation amount being the descendants of khatiyani

raiyats. In the mean time, the respondent no. 9 filed Land

Dispute case no.132/2012-13 which was allowed by the DCLR,

Sasaram in her favour and against which Land Dispute Appeal

no.347 of 2013 was filed before the Divisional Commissioner, Patna High Court CWJC No.525 of 2020 dt.17-02-2023

Patna.

The Divisional Commissioner quashed the order

impugned dated 15.3.2013. Against the same BLT Case no.834

of 2016 was preferred by the respondent no.9 which was

dismissed by the Bihar Land Tribunal by its order dated

12.9.2018 giving liberty to the petitioners to seek redressal of

their grievance with regard to the land in question before the

competent Civil Court in accordance with law.

It is submitted by learned counsel appearing for the

respondent no.9 that the petitioners along with others preferred

Title Suit no. 70 of 2020 which is pending in the Court of

learned Sub-Judge-I, Sasaram and in the said suit the respondent

no.9 herein has been made defendant no. 2 and the DLAO,

Sasaram (respondent no.5 herein) has been made defendant no.

26. It is further submitted that even as per section 20H(4) of the

Railways Act, if any dispute arises with respect to

apportionment of the award amount, then the competent

authority/DLAO has to refer the matter before the Civil Court of

competent jurisdiction.

Having heard learned counsel for the parties and taking

into consideration the submissions made by learned counsels

together with the material on record, in view of the dispute Patna High Court CWJC No.525 of 2020 dt.17-02-2023

between the parties with respect to the compensation amount

and Title Suit No.70 of 2020 preferred by the petitioners already

being pending before the learned Sub Judge-I, Sasaram, this

application is disposed of directing the petitioners to pursue the

said title suit .

In view of the interim order passed in this case on

28.6.2022 to the effect that the compensation amount shall not

be dispensed in favour of any of the claimants during pendency

of the case together with the fact that the DLAO, Sasaram is

defendant no.26 in Title Suit No.70 of 2020 pending before the

learned Sub- Judge-1, Sasaram, liberty is granted to the

petitioners to file an application praying for stay etc. with

respect to distribution of the compensation amount in the title

suit. If such an application is filed by the petitioner(s), the same

shall be dealt with and decided in accordance with law and till

any order (final or interim) is passed on the said petition, the

compensation amount shall not be distributed. However, if no

application for any interim order is preferred by the petitioner in

the court below within a period of four weeks from today, steps

for distribution may be taken in accordance with law and/or as

per order in the title suit.

It is clarified that any observation made hereinabove Patna High Court CWJC No.525 of 2020 dt.17-02-2023

should not be construed by the learned Court below as being an

observation on the merits of the case of any of the parties.

The writ application stands disposed of.

(Partha Sarthy, J)

Bibhash/-

AFR/NAFR
CAV DATE
Uploading Date          20.02.2023
Transmission Date