Raj Kumar Singh vs The State Of Bihar And Ors
2025 Latest Caselaw 10 Patna

Patna High Court

Raj Kumar Singh vs The State Of Bihar And Ors on 1 May, 2025

Author: Anshuman

Bench: Anshuman

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6131 of 2019
     ======================================================
     Raj Kumar Singh Son of Late Bindu Singh R/o Village-Naya Tola, Karmopur,
     P.S. Biddupur, District Vaishali

                                                             ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Secretary, Rural Development Department,
     Govt. of Bihar, Patna
2.   The District Magistrate-cum-Collector Vaishali at Hajipur
3.   The District Land Acquisition Officer Vaishali at Hajipur
4.   The Anchaladhikari Biddupur, District Vaishali

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :         Mr.Amod Kumar Singh, Advocate
     For the Respondent/s   :         Mr.Anjani Kumar ( AAG4 )
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
     ORAL JUDGMENT

Date : 01-05-2025 Heard learned counsel for the petitioner and learned

counsel for the State.

2. The present writ petition has been filed for the

following relief/s :-

"a) For issuance of the writ in the nature of a direction to the respondent no.2 and 3 to make payment of compensation amount of Rs. 1,46,314.33/-

(one lac forty six thousand three hundred and fourteen rupees and thirty three paise) for the land bearing Khata No. 60, Khesra No.493 (Part), Area. 25250 Hec. Which has already been acquired by the respondent authorities under the project of Ganga River Six Lane Green Field Bridge in N.H. Patna No. 30 to Kachchi Dargah, NH. Path NO. 103 to connect Biddupur under Patna High Court CWJC No.6131 of 2019 dt.01-05-2025

the Vaishali district, total length of 22.76 K.Ms.

b) For issuance of a writ in the nature of Mandamus, directing the respondent no.2 and 3 to pay the ¼ th share of total amount Rs.578878.67/- to the petitioner i.e. amounting to Rs.146314.33/-.

c) To grant any other consequential relief or relief/s for which petitioner is entitled to."

3. Learned counsel for the petitioner submits that the

petitioner received a notice dated 21.12.2016 (Annexure-1 to

the writ petition) issued by the office of the Land Acquisition

Officer, Vaishali, under Section 21(2) of the Bihar Land

Acquisition Act, 2013 (Act No. 30 of 2013), indicating that the

petitioner's land was subject to acquisition. Referring to the

genealogy chart annexed as Annexure-3, it is submitted that the

land in question was jointly owned, with half belonging to Tej

Narayan Singh and the remaining half jointly owned by Bindu

Singh and Singeshwar Singh. The petitioner, being the son of

Bindu Singh, claims entitlement to a one-fourth (¼) share in the

acquired land. It is further submitted that a subsequent notice

under Section 37(2) of the Act was issued, directing the

petitioner to appear before the Land Acquisition Officer along

with supporting documents, including the current rent receipt,

khatiyan, and Land Possession Certificate. In compliance, the Patna High Court CWJC No.6131 of 2019 dt.01-05-2025

petitioner submitted all the requisite documents along with an

affidavit on 17.01.2017. The compensation for 80% of the total

land was determined at Rs. 5,78,876.67.

4. Learned counsel further submits that the

petitioner's rightful share in the compensation, as per his

entitlement, amounts to Rs. 1,46,314/-. However, no payment

has been made to him to date. Despite having issued a legal

notice dated 18.11.2018 to the concerned authorities, no steps

were taken to release the amount. Having been left with no

alternative remedy, the petitioner has approached this Hon'ble

Court seeking a direction to the respondent authorities for

disbursal of compensation commensurate with his share.

5. Per contra, learned counsel for the State does not

dispute that the petitioner's land was held jointly along with his

co-parceners and the total compensation amount was assessed

at Rs. 5,78,876.87 for 0.25250 acres of notified land. It is

submitted, however, that after verification of the relevant

records and land possession, 50% of the compensation,

corresponding to 0.12624 acre, has already been disbursed to

Shri Nawal Kishore Singh and Shri Braj Kishore Singh, both

sons of Late Tej Narayan Singh. The authorities deemed this

appropriate based on their respective shares. Subsequently, due Patna High Court CWJC No.6131 of 2019 dt.01-05-2025

to a change in the project alignment, the requisitioning

authority was informed that only 0.2000 acre of land from

Kheshra No. 493 was ultimately acquired, and possession of the

same was handed over for project implementation. The

remaining land was exempted from acquisition. It is further

submitted that the revised acquisition status was formally

notified through a de-notification issued under Section 93(1) of

the Act via Memo No. 255 dated 04.03.2025 (Annexure-A to

the counter affidavit).

6. In this background, the question before this Court is

whether the two co-sharers, who have received compensation

from the State for land belonging to the joint family, could do

so exclusively, particularly when the State has taken the stand

that out of the total 0.25250 acre of land initially proposed for

acquisition, only 0.02000 acre was ultimately acquired, and the

remaining land was de-notified under Section 19(1) of the Bihar

Land Acquisition Act, 2013. In such circumstances, the State

cannot be held liable to disburse any further compensation to

the petitioner for the de-notified portion. However, since the

compensation already paid pertains to joint family property, and

the petitioner continues to hold a valid share therein, he retains

the right to claim his proportionate share from the co-sharers Patna High Court CWJC No.6131 of 2019 dt.01-05-2025

who received the compensation without disclosing the joint

nature of the ownership to the authorities.

7. Accordingly, the writ petition is disposed of with

the direction that the petitioner may claim rights over the land

measuring 0.23250 acre, which has been exempted from

acquisition, as reflected in Annexure-A. In respect of the

remaining 0.02000 acre of land, for which compensation has

already been received by the co-sharers Shri Nawal Kishore

Singh and Shri Braj Kishore Singh, the petitioner is granted

liberty to initiate appropriate proceedings for recovery of his

rightful share by instituting a suit before the competent Civil

Court.

(Dr. Anshuman, J) Ashwini/-

AFR/NAFR
CAV DATE                NA
Uploading Date          08/05/2025
Transmission Date       NA