IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16079 of 2015 ======================================================

Byash Thakur and Ors.

... ... Petitioner/s Versus The State Of Bihar and Ors.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Singh, Advocate For the Respondent/s : Mr. K.P. Gupta, GP-10 Mr. Virendra Kuar, AC to GP-10 For BRBCL : Mr. Amaresh Kr. Sinha, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

4 02-02-2026 Learned State counsel submits that a copy of the entire petition, affidavit shall be handed over to Mr. Amaresh Kr. Sinha representing Bihar Rail Bijali Company Limited by tomorrow and the receipt shall be filed in the office.

2. Heard Mr. Jitendra Kumar Singh, learned counsel for the petitioners, Mr. Viredra Kuar, AC to GP-10 and Mr. Amaresh Kr. Sinha representing Bihar Rail Bijali Company Limited.

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

“for issuance of the appropriate writ/writs, order/orders or direction/directions to the respondents authorities to provide Ownership certificate to the petitioners after verification and for making the payment of amount of compensation for the piece of land situated in Khata no. 125, Plot no. 1572, area 0.16 decimal as well as khata no. 126, Plot no. 1572, area 7 katha, which has been acquired by the respondents-authorities.”

4. The stand of the respondent nos. 2 to 4 in paragraph nos. 14 to 16 read as follows:

“14. That it is humble submitted that thereafter the respondent Anchal Adhikari, Nabinagar vide letter no. [1:06 pm, 2/2/2026] Adnan.: 1012 dated 24.11.2016 informed the Chief Executive Officer, BRBCL, Nabinagar that the land of the petitioner appertaining to Khata No. 126 Plot No. 1572 Area 38 decimal of Mauza Kerka, Thana No. 55 has been approved by the Collector, Aurangabad and after approval it has been received in the office. Therefore appropriate action for direction purchasing of the acquired land from the concerned raiyati be initiated.

15. That, it is humbly submitted that the payment of compensation amount of the remaining part of the acquired land of the petitioners is under process and after de-notification by the Government regarding the aforesaid acquired land of the petitioners, payment of compensation amount will be made to them in accordance with law.

16. That, from the facts as stated herein above, it is obvious that there is no latches on part of the answering respondents in making payment of compensation amount of the acquired land of the petitioner as it is under process.”

5. This affidavit came in the year 2019, we are in the year 2026. In between, the matter was taken up on 24.08.2023 and on 22.09.2023 and a Coordinate Bench directed the Company to file affidavit in four weeks.

6. As usual, even after the lapse of three years, no affidavit is on record. In that background, both the Company as also the State has to file affidavits on the present status/payment of compensation to the petitioners. This has to be done in next four weeks failing which, learned counsel for the petitioners, Mr. Jitendra Kumar Singh shall be entitled to Rs. 2,000/- from the official who default in filing the affidavit. The counter- affidavit must detail out alongwith the annexures on the steps that has been taken from the date the Collector approved the raiyatikaran of the land which followed the communication by the revenue authorities to the Company till the filing of the affidavit.

7. The petitioner shall be filing reply, if any, to the said counter-affidavit in next two weeks.

8. List this case on 16.03.2026.

(Rajiv Roy, J)

Adnan/-

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