Patna High Court

Mustaq Ahmad and OrsversusThe State Of Bihar and Ors

Decided: 19 January 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The petitioners must approach the District Land Acquisition Officer, Motihari, for redress, and no mandamus is issued by this Court.

Summary

The petitioners, a group of landowners, filed a writ petition seeking a mandamus directing the State authorities to make equal payment to all owners for land of the same quality acquired for the construction of a link road to an integrated check post at Raxaul. The State argued that the petitioners should approach the District Land Acquisition Officer, as earlier batch cases (CWJC No. 18649 of 2015) had directed. The Court noted a counter‑affidavit was filed and a nominal amount was handed over to counsel. Relying on the precedent set by the coordinate bench, the Court held that the petitioners must seek redress from the Land Acquisition Officer, Motihari, in accordance with law. Consequently, the writ petition was disposed, allowing the petitioners to approach the designated officer for their grievance.

Issues considered

Whether the State authorities are liable to make equal compensation to all landowners for land of the same quality acquired for the same purpose.
Whether a mandamus can be issued directing the authorities to make such equal payment.

Subjects

mandamus
land acquisition
equal compensation
link road
integrated check post
Bihar
High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.11183 of 2017
                 ======================================================
           1.     Mustaq Ahmad and Ors S/o Late Hafiz Taiyab.
           2.    Lal Babu, S/o Late Hafiz Taiyab.
           3.    Laxmi Mahto, S/o Bharat Mahto.
           4.    Hira Lal Mahto, S/o Bharat Mahto
           5.    Mustazabur Rahman, S/o Md. Faijullah
           6.    Mehrunissa, W/o Late Hafiz Taiyab. All R/o Village- Korihiyar, P.S.-
                 Korihiyar, District-E. Champaran.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State Of Bihar and Ors
           2.    The Principal Secretary, Revenue and Land Reforms, Government of Bihar,
                 Patna
           3.    The Principal Secretary, Departmen of Home, Bihar, Patna
           4.    The Director, Land Acquisition, Bihar,Patna.
           5.    The Joint Secretary, Department of Home, Bihar, Patna
           6.    The Collector, Motihari.
           7.    The Land Acquisition Officer, Motihari.
           8.    The Union of India through the Ministry of Home Affairs, Govt. of India,
                 through its Secretary, Nor
           9.    The Secretary, Border Management Ministry of Home Affairs, Government
                 of India, North Block, New De

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Ms. Mallika Mazumdar, Adv.
                 For the Respondent/s   :     Mrs. Nutan Sahay, AC to AAG12
                 For the UOI            :     Mr. Awadhesh Kumar Pandey, Sr. CGC
                                              Mr. R.K. Sharma, CGC
                                              Mr. Lokesh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   19-01-2026                   Heard Ms. Mallika Mazumdar, learned counsel for the

                   petitioner, Mrs. Nutan Sahay representing the State.

                               2. The present application has been preferred:

                                                    for mandamus on the Respondent
           Patna High Court CWJC No.11183 of 2017(3) dt.19-01-2026
                                                       2/2




                                            authorities to make equal payment to all owners
                                            for the same quality of land acquired for the
                                            same purpose i.e. for construction of link road of
                                            integrated check post at Raxaul.
                                 3. A counter affidavit has come though belatedly for

                     which Rs. 3,000/- has been handed over to Ms. Mazumdar and

                     receipt has been issued.

                                 4. Learned State Counsel has taken this Court to the batch

                     cases disposed of on 15.03.2017 by a Co-ordinate Bench in which

                     liberty was granted to the petitioner to approach the Land Acquisition

                     Officer, Motihari who was to dispose it of in accordance with law.

                     The said batch cases is/are CWJC No. 18649 of 2015 (Prabhu

                     Paswan & Ors. Vs. State of Bihar & Ors. and analogous cases).

                                 5. Taking into account the aforesaid facts, this Court also

                     follows the route of the Co-ordinate Bench and the writ petition is

                     disposed of allowing the petitioner to approach the respondent no. 7,

                     the District Land Acquisition Officer, Motihari for the redressal of

                     the grievance.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U

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