Created by Fuzzy Cloud

Patna High Court

Ram Kumar Lal Das and AnrversusThe State Of Bihar and Anr

Decided
Disposal
DISPOSED

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Since the first appeal was withdrawn in 2013, the petitioners may be allowed to agitate the matter before the Collector, and the writ petition is disposed.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427 and 428 of 2001) were still pending, but the petitioners produced a court order showing that Appeal No. 427 was withdrawn in 2013.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  • Whether the writ petition for mandamus is maintainable when the earlier appeal has been withdrawn.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
Patna High Court CWJC No.10423 of 2016(4) dt.09-02-2026
                                           2/4




                             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
Patna High Court CWJC No.10423 of 2016(4) dt.09-02-2026
                                           3/4




          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
            Patna High Court CWJC No.10423 of 2016(4) dt.09-02-2026
                                                       4/4




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.