Patna High Court

Dindayal ManjhiversusThe State of Bihar

Decided: 6 January 2026
Disposal: CONSIGNED
Bench: RAJIV ROY

Holding

Non‑compliance with the peremptory order to remove defects resulted in the dismissal of the writ petition.

Summary

A group of 25 petitioners from Bikaipur Tola filed a writ petition in the Patna High Court seeking certiorari to set aside an order dated 18‑05‑2020 by the Additional Collector, Gaya, which cancelled their land settlement on alleged false reports. They also prayed for mandamus directing the respondents to re‑verify the spot of the settlement, to pay compensation for land acquired for a Ganga Jal Udwal Yojan project, and for any other reliefs. The petitioners alleged that the cancellation was illegal and that they had been served notice under Section 37(2) of the Land Acquisition Act, 2013. The Court granted the petitioners three weeks to remove procedural defects, but the petitioners failed to comply with the peremptory order. Consequently, the Court dismissed the petition on 07‑10‑2025 for non‑compliance with the order.

Issues considered

Whether the Additional Collector’s order cancelling the settlement of the petitioners is legally valid and can be set aside by a writ of certiorari.
Whether the respondents are obligated to re‑verify the spot of the settlement and to pay compensation under the Land Acquisition Act, 2013.
Whether failure to comply with a peremptory order to remove defects justifies dismissal of the writ petition.

Legislation cited

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — s. 37(2)

Subjects

land acquisition
settlement cancellation
certiorari
mandamus
compensation
peremptory order
non‑compliance
Bihar
Ganga Jal Udwal Yojan

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.14614 of 2025
     ======================================================
1.    Dindayal Manjhi S/o Late Mosafir Manjhi, resident of Village Bikaipur Tola,
      Ghaghar, P.O. Air, Block Mohara, P.S. Panchayat Tetar, Atri, District Gaya.
2.   Sudesh Manjhi, S/o Late Purnat Manjhi, resident of Village Bikaipur Tola,
     Ghaghar, P.O. Air, Block Mohara, P.S. Panchayat Tetar, Atri, District Gaya.
3.   Ram Rup Manjhi, S/o Late Bisheshwar Manjhi, resident of Village Bikaipur
     Tola, Ghaghar, P.O. Air, Block Mohara, P.S. Panchayat Tetar, Atri, District
     Gaya.
4.   Diwalk Manjhi, S/o Late Dhanu Manjhi, resident of Village Bikaipur Tola,
     Ghaghar, P.O. Air, Block Mohara, P.S. Panchayat Tetar, Atri, District Gaya.
5.   Ramshewak Manjhi, S/o Late Badari Manjhi, resident of Village Bikaipur
     Tola, Ghaghar, P.O. Air, Block Mohara, P.S. Panchayat Tetar, Atri, District
     Gaya.
6.   Jaikati Manjhi, S/o Late Bishun Manjhi, resident of Village Bikaipur Tola,
     Ghaghar, P.O. Air, Block Mohara, P.S. Panchayat Tetar, Atri, District Gaya.
7.   Rohan Manjhi, s/o Late Fauji Manjhi, resident of Village Bikaipur Tola,
     Ghaghar, P.O. Air, Block Mohara, P.S. Panchayat Tetar, Atri, District Gaya.
8.   Bal Kumar Manjhi, S/o Late Kali Manjhi, resident of Village Bikaipur Tola,
     Ghaghar, P.O. Air, Block Mohara, P.S. Panchayat Tetar, Atri, District Gaya.
9.   Bachu Manjhi, S/o Late Karu Manjhi, resident of Village Bikaipur Tola,
     Ghaghar, P.O. Air, Block Mohara, P.S. Panchayat Tetar, Atri, District Gaya.
10. Sudama Devi, W/o Raju Manjhi, resident of Village Bikaipur Tola, Ghaghar,
    P.O. Air, Block Mohara, P.S. Panchayat Tetar, Atri, District Gaya.
11. Rampati Manjhi, s/o Late Baishakhi Manjhi, resident of Village Bikaipur
    Tola, Ghaghar, P.O. Air, Block Mohara, P.S. Panchayat Tetar, Atri, District
    Gaya.
12. Karu Manjhi, S/o Late Arwar Manjhi, resident of Village Bikaipur Tola,
    Ghaghar, P.O. Air, Block Mohara, P.S. Panchayat Tetar, Atri, District Gaya.
13. Akkhi Devi, W/o Late Mahagu Manjhi, resident of Village Bikaipur Tola,
    Ghaghar, P.O. Air, Block Mohara, P.S. Panchayat Tetar, Atri, District Gaya.
14. Tialk Manjhi, S/o Late Karo Manjhi, resident of Village Bikaipur Tola,
    Ghaghar, P.O. Air, Block Mohara, P.S. Panchayat Tetar, Atri, District Gaya.
15. Chandeshwar Manjhi, S/o Late Bishun Manjhi, resident of Village Bikaipur
    Tola, Ghaghar, P.O. Air, Block Mohara, P.S. Panchayat Tetar, Atri, District
    Gaya.
16. Ramchand Manjhi, s/o Bira Manjhi, resident of Village Bikaipur Tola,
    Ghaghar, P.O. Air, Block Mohara, P.S. Panchayat Tetar, Atri, District Gaya.
17. Sumindar Manjhi, S/o Late Rambali Manjhi, resident of Village Bikaipur
    Tola, Ghaghar, P.O. Air, Block Mohara, P.S. Panchayat Tetar, Atri, District
    Gaya.
18. Koshmi Devi, W/o Late Dhani Manjhi, resident of Village Bikaipur Tola,
    Ghaghar, P.O. Air, Block Mohara, P.S. Panchayat Tetar, Atri, District Gaya.
         Patna High Court CWJC No.14614 of 2025(3) dt.06-01-2026
                                                    2/4




           19. Kabutari Devi, W/o Late Jatan Manjhi, resident of Village Bikaipur Tola,
               Ghaghar, P.O. Air, Block Mohara, P.S. Panchayat Tetar, Atri, District Gaya.
           20. Phulwa Devi, W/o Keshar Manjhi, resident of Village Bikaipur Tola,
               Ghaghar, P.O. Air, Block Mohara, P.S. Panchayat Tetar, Atri, District Gaya.
           21. Sharda Devi, W/o Bachu Manjhi, resident of Village Bikaipur Tola,
               Ghaghar, P.O. Air, Block Mohara, P.S. Panchayat Tetar, Atri, District Gaya.
           22. Askali Devi, w/o Late Preman Manjhi, resident of Village Bikaipur Tola,
               Ghaghar, P.O. Air, Block Mohara, P.S. Panchayat Tetar, Atri, District Gaya.
           23. Jay Ram Manjhi, S/o Late Bale Manjhi, resident of Village Bikaipur Tola,
               Ghaghar, P.O. Air, Block Mohara, P.S. Panchayat Tetar, Atri, District Gaya.
           24. Aghunu Manjhi, S/o Late Shukar Manjhi, resident of Village Bikaipur Tola,
               Ghaghar, P.O. Air, Block Mohara, P.S. Panchayat Tetar, Atri, District Gaya.
           25. Dewaki Manjhi, S/o Late Faudar Manjhi, resident of Village Bikaipur Tola,
               Ghaghar, P.O. Air, Block Mohara, P.S. Panchayat Tetar, Atri, District Gaya.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Govt. of Bihar.
           2.    The Collector, Gaya.
           3.    The Under Secretary, Revenue and Land Reform Department, Old
                 Secretariat.
           4.    Withdraw and disposal officer State SC/ST Commissioner, Patna, Bihar, Old
                 Secretariat.
           5.    The Circle Officer, Atri, Gaya.
           6.    Land Reform Additional Collector, Gaya.
           7.    The District Land Acquisition Officer, Gaya.
           8.    Block Development Officer, Tetar, Gaya.
           9.    Sub-Division Officer Neem Chak Bathani, Gaya.
           10. The Director, Land Acquisition cum Under Secretary, Revenue and Land
               Reforms Department, Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Raj Kishore Prasad, Advocate
                 For the Respondent/s    :        Mr. Standing Counsel (09)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   06-01-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief(s):
Patna High Court CWJC No.14614 of 2025(3) dt.06-01-2026
                                           3/4




                                      “(i) For issuance of writ in nature of

                          certiorari for setting aside the order dated

                          18/05/2020 passed by Additional Collector, Gaya

                          in Settlement Cancellation Case No. 9/20 whereby

                          and whereunder the all petitioners have got

                          aggrieved because by the order dated 18.05.2020,

                          the Additional         Collector   has   cancelled   the

                          settlement of 61 persons illegally on wrong report

                          with intention to save their skin so that they could

                          not make payment for compensation to the

                          petitioner despite being issued notice U/s 37(2) of

                          the Act 30 of 2013 on 12.06.2020 by District Land

                          Acquisition Officer, Gaya.

                                        (ii) For issuance of writ of mandamus

                          directing and commanding to the respondents to

                          verify the sport or examine the same from sport

                          again because nobody had gone to the sport and

                          on the basis of showing receiving summon and

                          wrong report, reported by Halka Karm Chari,

                          settlement of all petitioners has been wrongly dn

                          illegally cancelled.

                                      (iii) For issuance of writ of Mandamus
          Patna High Court CWJC No.14614 of 2025(3) dt.06-01-2026
                                                       4/4




                                    directing to respondents to pay the compensation

                                    for their land acquisition for construction Ghaghar

                                    dame which was constructed under Ganga Jal

                                    Udwal Yojan, in course of that the land of 75

                                    persons had been acquired for this construction

                                    which land has been settled with the name of

                                    petitioner and their mutation had been made in the

                                    name of petitioners and paying rent ot the Govt.

                                                (iv)     For        issuance   of   any   other

                                    relief/relieves for which the petitioners are entitled

                                    in the eye of law.”

                                3. In this case, on 16.09.2025, three weeks’ time was

                    granted to remove the defect(s).

                                4. As it was a peremptory order and the defect(s) was

                    not removed, it got dismissed on 07.10.2025.

                                5. Perused the file and the same stands consigned.



                                                  (Rajiv Roy, J)
Adnan/-

U

Continue reading with your account

Checking your session…