IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No 2860 of 2009 1 Baijnath Prasad, son of late Somar Mahto 2 Surendra Kumar @ Rabindra Kumar, son of late Somar Mahto 3 Most Premi Devi, widown of late Somar Mahto 4 Asha Kumari, daughter of late Somar Mahto, residents of Village – Meharpar, P S – Laheri (Biharsharif), District – Nalanda - Petitioners Versus The State of Bihar through the Collector, Nalanda - Opposite Party ----------- 2 04.11.2009 This application has been filed with reference to Order XXII, Rules 3 and 11 read with Section 151 of Civil Procedure Code for modification of order dated 27.03.2009 passed by this Court in First Appeal No 439 of 1987 (Sonar Mahto –Versus- State of Bihar). By the said order, the First Appeal, which was against the order as affirmed by the Land Acquisition Judge, was allowed on the State conceding to the demand of the appellant. When the said First Appeal was taken up in the Lok Adalat after 22 years of it having been filed, the learned counsel for the appellant on not having been instructed could not bring to the notice of this Court that the sole appellant had died long back and was required to be substituted. This application in effect is for substitution post facto. The 4 applicants of this application are the widow of the original appellant, 2 sons and the daughter who are certified to be the representatives by the Anchal Adhikari, Biharsharif as per certificate appended as Annexure-2. I have no hesitation in allowing this application inasmuch as the State’s liability is not jeopardized in any manner. State is liable to pay and it is that amount that is now to be divided equally amongst the 4 applicants. This is, however, subject to the 4 applicants giving an indemnity affidavit against any other claim that may be raised by any person in respect of the payment aforesaid. Having considered the matter, I accordingly modify the order dated 27.03.2009 passed in First Appeal No 439 of 1987 and direct the compensation cheque to be paid in equal amount to the 4 applicants, namely, Baijnath Prasad, Surendra Kumar @ Rabindra Kumar being sons of late Somar Mahto, Asha Kumari, daughter of late Somar Mahto and Most Premi Devi, widow of late Somar Mahto. Let the order be modified accordingly and be acted upon accordingly. This application stands disposed of. M.E.H./ (Navaniti Prasad Singh)