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Patna High Court

Mala DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court disposed of the writ petition, holding that the decision of the LARRA Court will be applicable to the case.

Summary

Mala Devi filed a writ petition seeking a direction for payment of the balance compensation, with interest, for her land acquired in 2011 by the Sashastra Seema Bal for its headquarters in East Champaran. She alleges that while 80% of the compensation was paid, the remaining 20% remains unpaid, forcing her to move without remuneration. The respondents, including the State of Bihar and the Union of India, submitted that the dispute has been referred to the competent LARRA Court in Muzaffarpur, with letters dated 19.05.2025 and 07.04.2025 seeking speedy disposal. The High Court observed that the outcome of the LARRA Court’s order will govern the present matter and therefore disposed of the writ petition. Consequently, the petition was dismissed without a direct order for payment, pending the LARRA Court’s decision.

Issues considered

  • Whether the petitioner is entitled to a direction for payment of the pending compensation with interest under the land acquisition law.
  • Whether the High Court can entertain the writ petition when the matter is already pending before the LARRA Court.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • Sashastra Seema Bal
  • writ petition
  • LARR Act
  • interest
  • pending compensation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.13781 of 2019
                 ======================================================
                 Mala Devi W/o Baban Singh, R/o Mauza- Chikni, Ward No. 2, P.O. Jokiyari,
                 P.S. Raxaul, District- East Champaran.
                                                                               ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar through its Chief Secretary, Old Secretariat, Bihar, Patna.
           2.    The Principal Secretary, Revenue and Land Reforms, Government of Bihar,
                 Patna.
           3.    The Principal Secretary, Department 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, Government of
                 India, through its Secretary, North Block, New Delhi.
           9.     The Secreary, Border Management Ministry of Home Affairs, Government
                  of India, North Block, New Delhi.
                                                                    ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Mallika Mazumdar, Advocate
                 For the State            :      Mr. Raj Kishore Roy, GP-18
                                          :      Mr. Vivekanand Singh, AC to GP-18
                 For the UOI              :      Mr. Awadhesh Kumar Pandey, Sr. CGC
                                          :      Mr. R.K. Sharma, CGC
                                          :      Mr. Lokesh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   19-01-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                  “for a direction for payment of the
                                        money to the farmers whose land have been
                                        acquired in 2011 by S.S.B. (Seema Surkhsa Bal)
                                        for Construction of its Head Quarters in Mauza
                                        Chikni, District East Champaran and the entire
                                        compensation money has not been paid to
            Patna High Court CWJC No.13781 of 2019(5) dt.19-01-2026
                                                       2/2




                                         petitioner. The money should be paid with
                                         interest amount.”
                                  3. The petitioner’s land was taken by the Sashastra

                      Seema Bal (henceforth for short, ‘the SSB’) through the district

                      administration in the year 2011 for the construction of its

                      headquarter at East Champaran.

                                  4. The claim of the petitioner is that though 80 per

                      cent of the amount was paid, for twenty per cent, the farmers

                      had to move from pillar to post without any payment forcing

                      him to file this writ petition.

                                  5. A supplementary counter affidavit has come on

                      behalf of the respondent no. 6 and 7 according to which, the

                      matter     has    presently      been     referred   to   the   competent

                      authority/LARRA Court, Muzaffarpur, letter no. 56 dated

                      19.05.2025 and further letter no. 353 dated 07.04.2025 has been

                      issued for quick disposal.

                                  6. In that background, the writ petition is disposed of

                      observing that the result of the order passed by the LARRA

                      Court will be applicable in the present case.



                                                    (Rajiv Roy, J)
vinayak/-

U


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