Created by Fuzzy Cloud

Patna High Court

Alakh Narayan SinghversusThe Union Of India and Ors

Decided
Disposal
DISMISSED

Holding

The writ petition is dismissed as the court lacks jurisdiction to intervene in the compensation payment, which must be addressed before the appropriate authority.

Summary

The petitioners, heirs of an ancestral land in Jehanabad, filed a writ petition seeking a mandamus directing the Collector to pay them compensation of Rs.12,25,476 for land acquired by the National Highways Authority of India for the Patna‑Dobhi‑Gaya road. They alleged that the compensation was fraudulently paid to private respondents (sons of the deceased Mahadev Mahto) on the basis of forged documents, with the collusion of revenue officials. The respondents contended that the land acquisition and compensation were lawfully executed after a spot inspection, and that the earlier Land Acquisition Certificate was issued before the division of joint family shares, after which the rightful owners (the private respondents) were identified. The court held that the revenue authorities were justified in their actions and that any grievance of the petitioners must be pursued before the appropriate authority, not through a writ under Article 226. Consequently, the writ petition was dismissed.

Issues considered

  • Whether a writ of mandamus can be issued to compel the payment of compensation for land acquired under the land acquisition law.
  • Whether the petitioners have locus standi to challenge the payment made to the private respondents.
  • Whether the alleged fraud and forged documents affect the legality of the compensation payment.

Subjects

  • land acquisition
  • compensation
  • mandamus
  • Article 226
  • fraud
  • NHAI
  • civil writ jurisdiction

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.10450 of 2016
     ======================================================
1.1. Manoj Kumar Son of Late Alakh Narayan Singh, Resident of Village -
      Mussi, P.S. - Makhdumpur, District- Jehanabad.
1.2. Pankaj Kumar Son of late Alakh Narayan Singh, Resident of Village -
     Mussi, P.S. - Makhdumpur, District- Jehanabad.
1.3. Vijay Kumar Son of late Alakh Narayan Singh, Resident of Village - Mussi,
     P.S. - Makhdumpur, District- Jehanabad.

                                                              ... ... Petitioner/s
                                      Versus
1.   The Union Of India.
2.   The Secretary, National Highways Authority of India, G-5 and 6, Dwarika,
     New Delhi- 110075.
3.   The National Highway Authority of India, D-63, Sri Krishnapuri, Patna-
     800001.
4.   The State of Bihar, through the Chief Secretary, Government of Bihar, Old
     Secretariat, Patna.
5.   The Collector, Jehanabad.
6.   The District Land Acquisition Officer, Competent Authority, District-
     Jehanabad.
7.   The Circle Officer, Makhdumpur Block, District- Jehanabad.
8.   Sri Rajnandan Singh
9.   Sri Yadunandan Singh
10. Sri Laxmi Narayan Singh
11. Rajdev Singh all sons of Late Mahadev Singh @ Mahadev Mahto
12. Most. Shanti Devi wife of Late Achutanand Singh
13. Arun Kumar Singh Son of late Duwarika Singh, Resident of Village - Mussi,
1. P.O. and P.S. - Makhdumpur, District- Jehanabad.
13. Jogi Prasad Son of late Duwarika Singh, Resident of Village - Mussi, P.O.
2. and P.S. - Makhdumpur, District- Jehanabad.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :    Mr. Ashok Kumar, Advocate
     For the Respondent/s   :    Mr. S.D. Yadav, AAG-9
     For the NHAI           :    Dr. Anand Kumar, Advocate
     For the Resp nos       :    Mr. Aditya Kumar Pandey, Advocate
                                 Mr. Roshan Abhishek, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                           ORAL ORDER
         Patna High Court CWJC No.10450 of 2016(5) dt.02-02-2026
                                                    2/4




5   02-02-2026                 Heard Mr. Bhola Prasad, learned counsel for the

                   petitioners, Mr. S.D. Yadav, AAG-9, Dr. Anand Kumar, learned

                   counsel for the NHAI and Mr. Aditya Kumar Pandey

                   representing the respondent nos. 8 to 13.

                               2. The present petition has been preferred for the

                   following relief(s):

                                               “for issuance a writ in the nature of

                                   Mandamus or any other writ or writs, order or

                                   orders, direction or directions commanding the

                                   respondents particularly the respondent no. 5(the

                                   Collector, Jehanabad) to ensure the payment of

                                   compensation amount Rs. 12,25,476/- to the

                                   petitioner for which 0.30 dec. land of the petitioner

                                   has been acquired by the office of the respondent

                                   nos.6 and same amount has been fraudulently

                                   given     by     the    District   Acquisition   Officer,

                                   Jehanabad to the private respondents no. 8 to 13

                                   with recommendation of the Circle Officer,

                                   Makhdumpur, District - Jehanabad on the basis of

                                   forged documents manufactured by the respondents

                                   no.8 to 13 with the help of the respondents no.6

                                   and 7 and further direct the Collector, Jehanabad
Patna High Court CWJC No.10450 of 2016(5) dt.02-02-2026
                                           3/4




                          to take legal action against them.”

                      3. The matter relates to a piece of land mauza – Mussi

          Barra, Khata No. 283, Plot No. 891 in the district of Jehanabad.

                      4. It was to be acquired for the construction/widening

          of the Patna-Dobhi-Gaya road (NH-83) and after verification of

          the documents, the payments were made to respondent nos. 8 to

          13.

                      5. The stand of the petitioner/substituted heirs in the

          writ petition is/are that erroneously, the payments made though

          this ancestral property went into their share.

                      6. The parties have filed their respective responses.

          The counter-affidavit of the respondent nos. 5 to 8 which

          includes the Collector, Jehanabad is also on record and learned

          AAG-9 took this Court to the paragraph-15 of the said affidavit

          to show that though earlier, LPC was issued in the name of the

          petitioner, it was prior to the separation of the shares of the joint

          family with regard to the ancestral land. Once the share went to

          the respondents, spot inspection/inquiry took place by the Circle

          Officer, Makhdumpur which and after having found bona fide of

          the respondents, the payments made.

                      7. Same is the stand of the respondent nos. 8 to 13 and

          he has taken this Court to paragraph nos. 12 and 13 to show that
          Patna High Court CWJC No.10450 of 2016(5) dt.02-02-2026
                                                     4/4




                    after the death of Mahadev Mahto, all the sons separated

                    themselves and this followed the entry of their names in the

                    register too. In that background, after the notification issued,

                    rightly, the payments made.

                                8. Reply to the counter-affidavit of the State-

                    respondents has been filed by the petitioner and upon perusal of

                    the same, it is clear that the paragraph-15 has not been

                    specifically denied by the petitioners inasmuch as only passing

                    reference has been made that the statement is incorrect.

                                9. This Court is of the opinion that the respondents

                    were quite justified in the changed circumstance and the

                    payments were made after the spot inquiry by the revenue

                    authorities. If the petitioners have any grievance, the remedy

                    lies before an appropriate authority/Court and not in a writ

                    jurisdiction under Article 226 of the Constitution of India.

                                10. The writ petition fails, accordingly, dismissed.

                                11. Interlocutory application, if any, also stands

                    disposed of.



                                                  (Rajiv Roy, J)
Adnan/-

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.