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Patna High Court

Nirhu MusaharversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioners may individually approach the Collector within eight weeks to demonstrate their bonafide landlessness, after which the Collector shall seek a report and pass a reasoned order in accordance with law.

Summary

A group of fifteen petitioners, all members of the Musahar community residing in Dharahara village, Kaimur district, filed a writ petition seeking compensation and shelter after their land was acquired without notice for the construction of the Dhanicha Block Halt Railway Station on the Grand Chord line. They alleged that the acquisition of 28.80 acres (Khata No.175, plots 1080, 1081, 975‑978, 804) rendered them landless, and they requested the court to direct the authorities to provide them service in the railway or appropriate compensation. The petitioners also sought permission to approach the District Collector individually to prove their bonafide landlessness. The State counsel argued that individual approaches to the Collector were permissible and could be considered under law. The court held that the petitioners may indeed approach the Collector within eight weeks, after which the Collector shall obtain a report, hear the parties, and pass a reasoned order in accordance with law, thereby disposing of the writ petition.

Issues considered

  • Whether the petitioners may individually approach the District Collector to seek relief for land acquired without notice for railway construction.
  • Whether the court should direct the Collector to consider the petitioners' bonafide landlessness and pass an order for compensation or shelter.

Subjects

  • land acquisition
  • compensation
  • railway construction
  • writ petition
  • collector
  • bonafide landlessness
  • service in railway

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.10429 of 2025
     ======================================================
1.    Nirhu Musahar Son of Nandu Musahar, Resident of village -Dharahara, P.S.
      - Durgawati, District - Kaimur at Bhabua.
2.   Raj Kumar Musahar, Son of Brijmohan Kumar, Resident of village
     -Dharahara, P.S. - Durgawati, District - Kaimur at Bhabua.
3.   Basant Musahar, Son of Gayan Musahar, Resident of village -Dharahara,
     P.S. - Durgawati, District - Kaimur at Bhabua.
4.   Dharbharan Musahar, Son of Ram Vilas Musahar, Resident of village
     -Dharahara, P.S. - Durgawati, District - Kaimur at Bhabua.
5.   Markandey Musahar, Son of Soonder Musahar, Resident of village
     -Dharahara, P.S. - Durgawati, District - Kaimur at Bhabua.
6.   Virendra Musahar, Son of Maina Musahar, Resident of village -Dharahara,
     P.S. - Durgawati, District - Kaimur at Bhabua.
7.   Jagu Musahar, Son of Molu Musahar, Resident of village -Dharahara, P.S. -
     Durgawati, District - Kaimur at Bhabua.
8.   Jitu Musahar, Son of Telu Musahar, Resident of village -Dharahara, P.S. -
     Durgawati, District - Kaimur at Bhabua.
9.   Munna Musahar, Son of Balrup Musahar, Resident of village -Dharahara,
     P.S. - Durgawati, District - Kaimur at Bhabua.
10. Badan Musahar, Son of Jhulan Musahar, Resident of village -Dharahara, P.S.
    - Durgawati, District - Kaimur at Bhabua.
11. Shivlochan Musahar, Son of Ramsurat Musahar, Resident of village
    -Dharahara, P.S. - Durgawati, District - Kaimur at Bhabua.
12. Nanhu Musahar, Son of Kashi Musahar, Resident of village -Dharahara, P.S.
    - Durgawati, District - Kaimur at Bhabua.
13. Haricharan Musahar, Son of Chaturi, Resident of village -Dharahara, P.S. -
    Durgawati, District - Kaimur at Bhabua.
14. Rajendra Musahari, Son of Suraj Musahar, Resident of village -Dharahara,
    P.S. - Durgawati, District - Kaimur at Bhabua.
15. Ramsurat Musahar, Son of Kariman Musahar, Resident of village
    -Dharahara, P.S. - Durgawati, District - Kaimur at Bhabua.
16. Ramasharaya Musahar, Bajarangi Kunwar, Resident of village -Dharahara,
    P.S. - Durgawati, District - Kaimur at Bhabua.

                                                                ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through the Director, Land Development Department,
     Government of Bihar, Patna.
2.   The District Collector, Kaimur at Bhabua.
3.   The District Land Acquisition Officer, Kaimur at Bhabua.
4.   The Union of India,Through Divisional Railway Manager,D.D.U,East
     Central Railway Division X
         Patna High Court CWJC No.10429 of 2025(3) dt.28-04-2026
                                                       2/3




           5.    The General Manager,Din Dayal Upadhaya (D.D.U.), East Central Railway,
                 Bihar.
           6.    The District Railway Manager, Bhabua Road Railway Station named as
                 Kaimur at Bhabua.
           7.    The Station Head, Dhanicha, Block Halt Railway Station on the Grand
                 Chond Line in between Durgawati and Karmanasa Railway Station.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :           Mr. Shovendra Kumar, Adv.
                 For the Respondent/s    :           Mr. Additional Solicitor General
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   28-04-2026                   Heard the parties.

                               2. The present application has been preferred:

                                                          for service in Railway or for
                                             compensation to the petitioners for their land
                                             acquisition for the construction of Dhanicha
                                             Block      Halt     Railway       Station   attached
                                             quarters on Grand Chord Line located in
                                             between Durgawati and Karmanasa Railway
                                             Station in the District of Kaimur at Bhabua
                                             comes in within the Din Dayal Upadhyay
                                             (D.D.U.), East Central Railway Zone. Land
                                             detail bearing Khata No.175, Plot No.1080,
                                             1081, 975, 976, 977, 978 & 804, Total 28.80
                                             acres without notice or followed procedure
                                             of law.
                               3.    After some argument, learned counsel for the

                   petitioners submit that they be permitted to individually

                   approach the Collector, Kaimur at Bhabua to show their

                   bonafide that they being landless, earlier, were allowed to reside
           Patna High Court CWJC No.10429 of 2025(3) dt.28-04-2026
                                                      3/3




                     on the area that has now been used by the railways for the Grant

                     Chord Line between Durgawati and Karmanasa Railway Station

                     in the district of Kaimur. As such, they have once again become

                     landless and need shelter/protection for them/ family.

                                 4. Learned State Counsel submits that if they

                     individually approach the Collector, Kaimur at Bhabhua, it will

                     be considered and necessary order shall be passed in accordance

                     with law.

                                 5. In that background, the writ petition is disposed of

                     allowing the petitioners to individually approach the Collector,

                     Kaimur at Bhabua in next eight weeks, show their bonafide of

                     being landless whereafter, the concerned Officer shall seek

                     report and after hearing the parties, shall be passing a reasoned

                     order in accordance with law.

                                 6. The writ petitioner is disposed of with aforesaid

                     observation.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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