Sunita Devi vs The State Of Bihar
2025 Latest Caselaw 1830 Patna

Patna High Court

Sunita Devi vs The State Of Bihar on 17 February, 2025

Author: P. B. Bajanthri

Bench: P. B. Bajanthri, Sunil Dutta Mishra

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.1149 of 2019
                                           In
                   Civil Writ Jurisdiction Case No.14408 of 2014
     ======================================================
1.    Sunita Devi, Wife of Kuar Vijay Pal Singh, Resident of Dadari Dhanraj, P.O.
      N.H. Bangra, P.S. Kothiya, District Samastipur.
2.   Ranjit Poddar, Son of Late Deo Nandan Poddar, Resident of Village- Bharo
     Khara Poddar Tola, Ward No. 13, P.O. Tajpur, Block Tajpur, District-
     Samastipur.
3.   Suresh Sah, Son of Late Subelal Sah, Resident of Village and Post-Gauspur
     Sarsauna, P.S. N.H. Bengra, District- Samastipur.

                                                                ... ... Appellants.
                                           Versus
1.   The State of Bihar.
2.   The Principal Secretary, Department of Revenue and Land Reforms,
     Government of Bihar, Patna.
3.   The District Collector, Samastipur.
4.   The District Land Acquisition Officer, Samastipur.
5.   The Circle Officer, Samastipur.

                                               ... ... Respondents.
     ======================================================
     Appearance :
     For the Appellants    :       Mr. Devendra Kumar, Advocate.
     For the State         :       Mr. Vinay Kirti Singh, GA-2.
                                   Mr. Rajan Prakash, AC to GA-2.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
             and
             HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
     ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 17-02-2025

Appellants have assailed the order of the learned

Single Judge dated 09.08.2019 passed in C.W.J.C. No.14408 of

2014.

2. In the writ petition (C.W.J.C. No.14408 of 2014),

appellants have prayed for the following relief(s):

Patna High Court L.P.A No.1149 of 2019 dt.17-02-2025

"(i) To determine the compensation and prepare the Award on account of land acquired of petitioners under the provisions of Land Acquisition Act as presently applicable.

(ii) To declare that Land Acquisition proceeding has lapsed as Award has not been prepared within 2 years from date of Notification.

(iii) To declare that there were no grounds for invoking urgency Clause under the land Acquisition proceeding.

(iv) To grant such other relief/reliefs to which petitioner is found entitled."

3. Having regard to the facts that the appellants have

accepted 80% of the award, what remains as on the date of

deciding the writ petition is whether appellants are entitled to

remaining 20% of the award or not? In this regard, the learned

Single Judge has proceeded to pass order, directing the

concerned authority to decide 20% award in favour of the

appellants. Still feeling aggrieved by the order of the learned

Single Judge, the present L.P.A. has been filed.

4. Learned counsel for the appellants submitted that

the appellants are stated to have received 20% amount of

Rs.975588/- on 15.10.2016.

Patna High Court L.P.A No.1149 of 2019 dt.17-02-2025

5. Today, learned counsel for the appellants submitted

that adjacent land has been treated as a commercial property and

extended award in treating as a commercial value. Therefore,

appellants' property should also be treated as a commercial

property. This issue cannot be adjudicated in the present L.P.A.

In that event, appellants have a remedy of filing necessary

litigation before the next higher forum insofar as challenging the

award. Therefore, appellants are at liberty to invoke such

remedy available to them insofar as assailing the award and in

accordance with law.

6. In the light of the aforementioned observations, the

order of the learned Single Judge would not be a hurdle insofar

as assailing the award passed by the authority, in accordance

with law.

7. L.P.A. stands disposed of.

(P. B. Bajanthri, J)

( Sunil Dutta Mishra, J)

P.S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          21.02.2025.
Transmission Date       NA