Patna High Court
Aashish RanjanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the compensation amount deposited in the civil court must be released by the respondents filing a proper petition before the competent civil court, and accordingly disposed of the writ petition.
Summary
The petitioner, Aashish Ranjan, filed a writ petition seeking mandamus directing the District Land Acquisition Officer and the Collector of Purnea to pay compensation for his land at a fair rate and to modify the award, alleging procedural irregularities in notice issuance. The respondents filed a counter‑affidavit stating that compensation amounts had been deposited in two land acquisition cases (LA No. 28/1999 and 29/1999) but that no order had been passed to release the funds, and that the cases were withdrawn on the Collector’s direction. The High Court examined whether the respondents were obligated to release the deposited compensation and whether the writ petition could compel payment. It observed that the respondents had not filed any petition before the competent civil court to obtain release of the amount and directed them to do so. The Court further ordered that, once released, the Collector should issue notices to the land‑holders and disburse the compensation in accordance with law. The writ petition was disposed of with these observations.
Issues considered
- Whether the respondents are liable to pay the petitioner compensation at the fair market rate for the acquired land.
- Whether the award of compensation can be modified on the ground of procedural irregularities in notice issuance.
- Whether the High Court can direct the release of compensation amounts deposited in the civil court.
- Whether the writ petition is maintainable for mandamus to compel payment of compensation.
Legislation cited
- Land Acquisition Act — s. 3D
Subjects
- land acquisition
- compensation
- writ petition
- mandamus
- award modification
- civil court
- release of funds
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13421 of 2023
======================================================
Aashish Ranjan S/o-Late Dilip Kumar @ Late Dilip Kumar Dipak, Resident
of Village-Tatma Toli Shankar Chowk, Police Station-Khajanchi Hat, District-
Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, revenue and Land
Reform department, Government of Bihar, Patna.
2. The District Land Acquisition Officer, Collectorate Purnea, Purnea.
3. The District Magistrate-Cum-Collector, Purnea
4. The Additional Collector, Purnea.
5. The Circle Officer, Purnia east, Purnea.
6. The Manager, Power Grid Corporation of India Limited, Bypass, Maranga,
Lalganj, Purnia, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Choudhary, Adv.
For the Respondent/s : Mr. Md. Khurshid Alam ( Aag 12 )
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 28-04-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
(I) for issuance of an appropriate
writ/writs or order/orders or
direction/directions in the nature of mandamus
directing the respondent no.2 & 3 to pay the
compensation amount at the present rate/fair
rate for the land
(II) For issuance of an appropriate
writ/writs or order/orders or
direction/directions in the nature of mandamus
directing the respondent no.2 & 3 to take step
Patna High Court CWJC No.13421 of 2023(2) dt.28-04-2026
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for modification of Award in fair and
transparent manner since complications was
been made in issuance of notice by the
authority concerned/Land Acquisition Officer,
Purnea for no any latches on the part of
petitioner or his grandfather-
grandmother/father.
(III) And any other relief/reliefs may
also be granted in favour of the petitioner for
which he is found to be entitled in view of the
facts and circumstances of the case.
3. A counter affidavit has come on behalf of the
respondent nos. 3 to 5 duly signed by the District Land Acquisition
Officer, Purnea and paragraph 6 read as follows:
6. That order was passed for the
payment of compensation to the landholders
including the predecessors of the petitioner.
But, objections were filed against the amount
of compensation. Hence many landholder filed
objection. Subsequently the learned Additional
Collector, Purnea referred the matter to the
Court of learned Sub Judge 1st, Purnea
U/s3D of the land Acquisition Act where
separate cases were registered. Out of those
cases L.A. Case No.28/1999 and L.A. Case
No. 29/1999 were filed by the landholder
Kusumi Devi and others and Kusumi Devi
respectively. The District land Acquisition
Officer, Purnea deposited compensation
amount of to the court of learned Sub Judge 1,
Patna High Court CWJC No.13421 of 2023(2) dt.28-04-2026
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Purnea. those the cases In state of Bihar filed
its statement of fact but subsequently under
the order of the learned Collector, Purnea the
statement of fact filed in L.A. Case
No.28/1999 and L.A. Case No. 29/1999 were
withdrawn so that due compensation could be
paid to the landholder. Accordingly the
learned Sub Judge, 1st, Purnea dismissed both
the cases as withdrawn.
Thereafter the Land Acquisition
Officer, Purnea made request to the learned
Sub Judge 1st, Purnea to pass an order to
release the amount of compensation deposited
in the court. But no order has yet passed by
the learned Sub Judge 1st Purnea. Hence
payment of to the petitioner compensation
could not be made.
4. The compensation amount deposited in the Civil
Court in L.A. Case No. 28/1999 and L.A. Case No. 29/1999 have
not been released by the Competent Court at Purnea.
5. Though the Land Aquisition Officer, Purnea records
that no order has been passed on the request made earlier for the
release of the amount, there is neither any date nor document to
support the said request.
6. In that background, the State respondents, specially
the Collector, Purnea and the District Land Acquisition Officer,
Purnea are directed to file a proper petition before the Competent
Civil Court for the release of the compensation amount deposited
Patna High Court CWJC No.13421 of 2023(2) dt.28-04-2026
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in L.A. Case No. 28/1999 and L.A. Case No. 29/1999 and if such
petition is filed and the Court is satisfied with the contention put
forward, the amount be immediately released in favour of the
Collector, Purnea.
7. Once the compensation amount is released, the
Collector, Purnea shall be issuing notice to those land-holders
whose compensation amount was/were deposited in the aforesaid
L.A. Case No. 28/1999 and L.A. Case No. 29/1999 and after
satisfying with the documents, shall be releasing the compensation
amount in accordance with law.
8. It is expected both from the Competent Civil Court
and the Collector, Purnea that the process shall be completed by
the end of this Year.
9. The writ petition is disposed of with aforesaid
observation.
(Rajiv Roy, J)
Vijay Singh/-
U
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