Patna High Court
Ram Kumar Lal Das and AnrversusThe State Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
Since the first appeal was withdrawn in 2013, the petitioners may be allowed to agitate the matter before the Collector, and the writ petition is disposed.
Summary
The petitioners, Ram Kumar Lal Das and Shankar Kumar Lal Das, filed a writ petition seeking a mandamus directing the State of Bihar and its officials to pay compensation awarded by the Special Land Acquisition Judge in 1997 for several parcels of land. The petition alleged that despite the award directing payment of compensation, additional compensation, and interest, no amount had been paid. The State argued that a counter‑affidavit claimed the related first appeals (Nos. 427 and 428 of 2001) were still pending, but the petitioners produced a court order showing that Appeal No. 427 was withdrawn in 2013. The Court noted the withdrawal and held that the State’s later claim of pendency was untenable. Consequently, the Court dismissed the writ petition but permitted the petitioners to approach the Collector of Darbhanga within eight weeks with the necessary documents for a reasoned order.
Issues considered
- Whether the writ petition for mandamus is maintainable when the earlier appeal has been withdrawn.
- Whether the petitioners should be directed to approach the Collector for enforcement of the award.
Subjects
- land acquisition
- compensation
- mandamus
- withdrawal of appeal
- administrative law
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10423 of 2016
======================================================
1. Ram Kumar Lal Das Son of Late Harsh Narayan Lal Das Resident of village
P.O. Kharajpur, P.S. Bahadurpur, District - Darbhanga
2. Shankar Kumar Lal Das Son of Late Harsh Narayan Lal Das Resident of
village P.O. Kharajpur, P.S. Bahadurpur, District - Darbhanga
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The District Magistrate, Darbhanga.
3. The Land Acquisition Officer, Darbhanga
4. The Special Land Acquisition Officer, Darbhanga
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratan Kumar Kunwar, Advocate
: Ms. Ritambara Kumari, Advocate
: Mr. Prasoon Kumar, Advocate
For the State : Mr. Devendra Kr. Sinha, AAG-2
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 09-02-2026 Heard Mr. Ratan Kumar Kunwar, learned counsel for
the petitioners and learned State counsel representing the State.
2. The present petition has been preferred for the
grant of following relief(s):
“for issuance of writ of mandamus for
commanding the respondents to implement the
order/judgment dated 09.06.1997 passed by the
Special Land Acquisition Judge, Darbhanga
passed in Land Award Case No 37/1981,
38/1981 and 1/1982 bearing Award No. 2,
Khesra No. 702, Area 0.11 decimal, Land
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Acquisition Case No. 38/1981, Award No.3,
Kheshra No. 702 cost of building/house and
Land Acquisition Case No. 1/1982, Award No.
27, Khesra No. 703, 74, 706, Khata No. 561,
area-0.07, 0.09, 0.07 and 0.22 decimal whereby
and where under the Land Acquisition Officer,
Darbhanga, acquire the homestead land in
Darbhanga district but compensation amount
not paid to the petitioner than the petitioner filed
aforesaid case before in the court of Special
Land Acquisition Judge, Darbhanga in
aforementioned land acquisition case after
hearing the parties learned court dispose of all
three cases and directed to District Land
Acquisition Officer, Darbhanga to pay the
compensatino amount and to additional
compensation of 30% and interest 9% per
annum. But till today the respondent concerned
not paid any compensation amount till today.
And/or pass such order/orders, direct on as your
Lordships may deem fit and proper.”
3. After some argument, learned counsel for the
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petitioners submit that they shall be moving before the
Collector, Darbhanga alongwith the facts of the case, order of
the High Court as also the orders passed in First Appeal so that
he/she can take a decision.
4. Learned State counsel has taken this Court to the
counter affidavit filed on behalf of the respondent no. 2 and 3
i.e. the Collector, Darbhanga and the District Land Acquisition
Officer, Darbhanga on 01.07.2024 and as per paragraph no.6,
First Appeal No. 427 of 2001 and 428 of 2001 are pending
before this Court.
5. Learned counsel for the petitioner has provided
order sheet of First Appeal No. 427 of 2001 (State of Bihar &
Ors. vs. Harsh Narayan Das) to show that the State withdrew
this appeal on 29.10.2013. The short order passed by the
coordinate Bench is recorded hereinbelow:
“In view of the notification by the State
Government in the year 2010, Mr. Binod Kumar,
the learned counsel appearing for the appellants
prays to withdraw this appeal.
The prayer is allowed.
The appeal is dismissed as withdrawn.”
6. It is unfortunate that the State withdrew the First
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Appeal in 2013, an affidavit is filed 11 years later, claiming that
First Appeal No. 427 of 2001 is pending.
7. It seems no one is accountable in the district and do
not even bother to go through the website of Patna High Court
to check the Status of First Appeal. Whether it is the creator of
the statement of fact or those who signed the said SOF and/or
those who were dealing with its ultimate draft/filing.
8. This Court can only record that when it has come
that one of the First Appeal has been withdrawn in the year 2013
itself, the claim of the petitioner that he be allowed to agitate the
matter before the Collector, Darbhanga, has to be considered
and allowed.
9. In that background, the writ petition is disposed of
allowing the petitioners to agitate before the Collector,
Darbhanga in next eight weeks alongwith all the sufficient
documents who shall be looking into the matter and after
noticing/hearing the parties, has to pass a reasoned order in
accordance with law at an earliest.
(Rajiv Roy, J)
vinayak/-
U
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