Patna High Court
Bishnu Deo MahtoversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the respondents must take positive steps to release the compensation to the landholders and disposed of the writ petition.
Summary
The petitioner, Bishnu Deo Mahto, filed a writ petition seeking a mandamus directing the State of Bihar and several officials to pay compensation for land acquired for a road under the Prime Minister Rural Road Scheme. The petition alleged that compensation had not been released for specific plots in Madhubani district. The respondents submitted affidavits indicating they were at an advanced stage of making the payment, pending receipt of required documents. The court noted this and ordered the respondents to take positive steps to release the compensation to the landholders. It further observed that the aggrieved parties have other forums to raise any grievance, and the writ petition was disposed with these observations.
Issues considered
- Whether a mandamus can be issued to compel the State and its officials to pay compensation for land acquired under a rural road scheme
- Whether the respondents have fulfilled their statutory duty to release compensation to the landholders
Subjects
- land acquisition
- compensation
- mandamus
- writ petition
- rural road scheme
- public works
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13541 of 2016
======================================================
Bishnu Deo Mahto Son of Late Mangni Mahto, Resident of Village- Kachua
Sarai Nande Nagar, Post Office- Tamuria, Police Station- Lakhanur, District-
Madhubani.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The District Magistrate, Madhubani.
3. The Sub-Divisional Officer, Jhanjharpur, District- Madhubani.
4. The Chief Engineer, Rural Work Department, Bihar, Patna.
5. The Anchal Adhikari Lakhnaur, District- Madhubani..
6. The Executive Engineer, Rural Work Department, Jhanjharpur, Police
Station- Jhanjharpur, District-
7. The Land Acquisition Officer, Rural Work Department, Madhubani.
8. The Assistant Engineer, Rural Work Department Jhanjharpur, Police Station-
Jhanjharpur, District- Ma
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prabhas Ranjan, Advocate
Mr. Ashok Kumar Prasad, Advocate
For the Respondent/s : Mr.Ajay- GA-5
Mr. Rakesh Kumar Ranjan, AC to GA-5
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 12-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) a Mandamus Commanding the
Respondents Compensation for the lands
(Situate in Village-Maibi in the District of
Madhubani Plot No.1798 Area 7 katha and
Plot No.1937and 1938 Area 5 Katha 8
Patna High Court CWJC No.13541 of 2016(5) dt.12-01-2026
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Dhurs) utilized for Construction of Road
under Prime Minister Rural Road Scheme;
(ii) any other relief or reliefs for which
petitioners may be found entitled to in the
fact and Circumstances of the present case
may be granted to him.
3. The last affidavits of the respondents clearly show
that they are at the advanced stage of making payment to the
land holders once the documents are supplied/appropriate
formality is completed.
4. The Court expects the respondents to take positive
steps in the matter and to release the compensation amount to
the land holders.
5. Needless to add, if aggrieved, they have forum
available to agitate the matter.
6. The writ petition stands disposed of with the
aforesaid observation.
(Rajiv Roy, J)
Ravi/-
U
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