Patna High Court
Nirhu MusaharversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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
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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
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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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