Patna High Court
Mojib Khan and AnrversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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
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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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