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Patna High Court

Mojib Khan and AnrversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The writ petition was disposed of because the State had already initiated a certificate proceeding to recover the compensation, rendering further relief unnecessary.

Summary

The petitioners, owners of land acquired for the N.T.P.C. Project in Bhagalpur, challenged an order dated 03.05.2015 by the District Land Acquisition Officer that directed compensation for the acquired land to private respondents instead of the petitioners, alleging the order was arbitrary and illegal. They sought a writ of certiorari to quash the order and a writ of mandamus to compel payment of compensation to them. The State counsel submitted that a certificate proceeding had been initiated to recover the compensation from the private respondents, and that appropriate steps had already been taken. The court noted that if the certificate proceeding had not yet been filed, it must be filed within sixty days. Since the State had already acted to address the petitioners' grievance, the court disposed of the writ petition.

Issues considered

  • What is the legality of the District Land Acquisition Officer's order directing compensation to private respondents instead of the rightful landowners?
  • Whether the writ petition seeking certiorari and mandamus is maintainable when a certificate proceeding has been initiated by the State.

Subjects

  • land acquisition
  • compensation
  • writ of certiorari
  • writ of mandamus
  • certificate proceeding
  • N.T.P.C. project
  • arbitrary order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.11330 of 2016
                 ======================================================
           1.     Mojib Khan and Anr Son of Late Seraj Khan
           2.    Mahmood Khan Son of Late Seraj Khan Both residents of village - Pirpainti
                 Bazar, P.O. Pirpainti Bazar, Police Station Pirpainti, District - Bhagalpur

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State Of Bihar
           2.    The District Land Acquisition officer, Bhagalpur
           3.    The Executive Engineer, N.T.P.C. Project, Bhagalpur
           4.    Chakravarti Singh Son of Late Madho Singh
           5.    Binod Kumar Singh Son of Late Satya Narayan Singh
           6.    Sunil Kumar Singh Son of Late Satya Narayan Singh
           7.    Sushil Kumar Singh Son of Late Satya Narayan Singh
           8.    Santosh Kumar Singh Son of Late Satya Narayan Singh
           9.    Subhash Kumar Singh Son of Late Satya Narayan Singh
           10. Sanjeeb Kumar Singh Son of Late Satya Narayan Singh
           11. Radhika Devi Wife of Late Sarwajeet Singh
           12. Shailendra Kumar Singh Son of Late Sarwajeet Singh
           13. Rakesh Kumar Singh Son of Late Sarwajeet Singh
           14. Satyaj Bahadur Singh Son of Late Sarwajeet Singh
           15. Vivak Kumar Singh Son of Late Sarwajeet Singh
           16. Manorwa Devi Wife of Late Indrajeet Singh
           17. Mukesh Kumar Singh Son of Late Indrajeet Singh
           18. Anil Kumar Singh Son of Late Indrajeet Singh
           19. Arbind Kumar Singh Son of Late Indrajeet Singh
           20. Birendra Kumar Singh Son of Late Indrajeet Singh Sl. No. 4 to 20 resident
               of village - Topra Tola, P.O. Sirmatpur, Police Station Pirpainti, District -
               Bhagalpur

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Binay Kumar, Advocate
                 For the Respondent/s   :     Smt.Kumari Amrita, G.P.-10
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   20-01-2026                  Heard the parties.
Patna High Court CWJC No.11330 of 2016(4) dt.20-01-2026
                                            2/4




                      2. The present petition has been preferred for the

          following relief/s:

                                  (i) for issuance of a writ of certiorari or any

                                  other     appropriate          writ    order,       orders

                                  direction for quashing the order dated

                                  03.05.2015 passed by the District Land

                                  Acquisition Officer, Bhagalpur in Land

                                  Acquisition Case No. 25/2010-11 by which

                                  most arbitrary and illegally directed to pay

                                  the compensation amount of the acquired

                                  land (described below) for N.T.P.C. Project,

                                  Bhagalpur,       to     the     private   respondents

                                  including the land of the petitioner on which

                                  the petitioners have absolute title, holding

                                  and possession by in-heritate from their

                                  ancestors;

                                  (ii) for issuance of writ of mandamus or any

                                  other appropriate writ, order, direction

                                  commanding         the    respondents          to    make

                                  payment of compensation amount to the

                                  petitioners in respect of land (described

                                  below)      acquired          for   N.T.P.C.        Project
Patna High Court CWJC No.11330 of 2016(4) dt.20-01-2026
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                                  verifying title, holding and possession

                                  properly;

                                  (iii) for grant of ad-interim stay in operation

                                  of impugned order contained in Annexure-1

                                  till the disposal of this writ application;

                                  (iv) for grant of any other relief or reliefs for

                                  which the petitioner is entitled, deemed fit

                                  and proper in the facts and circumstances of

                                  the case.

                        3. A counter affidavit has come on behalf of

          respondent nos. 01 and 02.

                        4. Learned State counsel has taken this Court to the

          letter no.29 dated 12.08.2021 issued by the District Land

          Acquisition Officer, Bhagalpur, according to which, the

          Certificate Officer has been directed to take steps for recovery

          of the amount from respondent, Chakrawarti Singh and others.

          The submission of learned State counsel is that already

          appropriate steps have been taken.

                        5. Learned counsel representing the petitioners

          submit that to his knowledge, the certificate proceeding has not

          been filed.

                        6. A letter has been issued and the same has been
         Patna High Court CWJC No.11330 of 2016(4) dt.20-01-2026
                                                     4/4




                   attached with the counter affidavit.

                                7. This Court expects that the certificate proceeding

                   already stands initiated against Chakrawarti Singh and others

                   and if the same has not been filed, it has to be filed in next sixty

                   days.

                                8. Since the prayer of the petitioners has already been

                   taken care by the State respondent, with the direction aforesaid,

                   the writ petition is disposed of.



                                                 (Rajiv Roy, J)
Ravi/-

U


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