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Patna High Court

Ramesh Chandra PathakversusThe State of Bihar,

Decided
Disposal
DISPOSED

Holding

Both the order dated 04‑01‑2021 passed by the Deputy Collector, Land Reforms, Narkatiyaganj and the letter dated 20‑08‑2024 issued by the Additional Collector, West Champaran are quashed, and the matter is remitted to the Additional Collector to pass a reasoned order after giving due notice.

Summary

The petitioner Ramesh Chandra Pathak claimed ownership of 1.94 acres of land in Laukar, West Champaran, asserting that he is the Raiyat of the land under circular No. 925(6) after purchasing it in 1979. The Deputy Collector, Land Reforms, Narkatiyaganj rejected his claim in Case No. 30/2019‑20 and the Additional Collector later issued a letter confirming the rejection, without giving the petitioner any notice or a copy of the order. The petitioner filed a writ petition seeking quashing of both the order and the letter, production of the case record, a declaration of his Raiyat status, compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and a restraining order on any construction. The Court observed that the petitioner was denied due process – he was not served notice, not heard, and the orders were not annexed – violating principles of natural justice. Accordingly, the Court quashed both the 04‑01‑2021 order and the 20‑08‑2024 letter and remitted the matter to the Additional Collector to pass a reasoned order after proper notice. The writ petition was disposed.

Issues considered

  • Whether the order of the Deputy Collector rejecting the petitioner’s claim as Raiyat was passed without giving the petitioner notice and an opportunity to be heard, violating natural justice.
  • Whether the Additional Collector’s letter confirming the rejection is valid in the absence of annexing the underlying order.
  • Whether circular No. 925(6) dated 11‑11‑2014 mandates that the petitioner be deemed Raiyat of the land on the basis of the Jamabandi in his name.
  • Whether compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is payable for acquisition of the land for the Indo‑Nepal Border Road Project.
  • Whether the respondents should be restrained from constructing on the land until compensation is paid.

Legislation cited

Subjects

  • Land acquisition
  • Raiyat
  • Natural justice
  • Compensation
  • Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013
  • Circular 925(6)
  • Writ of certiorari
  • Bihar land reforms

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.16221 of 2024
                 ======================================================
                 Ramesh Chandra Pathak Son of Late Yamuna Pathak Resident of Village-
                 Lavkar, P.S.- Manpur, District- West Champaran.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar, through the Chief Secretary, Govt. of Bihar.
           2.    The Additional Chief Secretary, Revenue and Land Reforms Department,
                 Govt. of Bihar, Patna.
           3.    The District Collector-cum-District Magistrate, West Champaran, Bettiah.
           4.    The District Land Acquisition Officer, West Champaran, Bettiah.
           5.    The Additional Collector, West Champaran, Bettiah.
           6.    The Deputy Collector Land Reforms, Narkatiyaganj, West Champaran,
                 Bettiah.
           7.    The Circle Officer, Mainatar, West Champaran.
           8.    The Project Director, National Highways Authority of India, Indo-Nepal
                 Border Road Project, East Champaran, Motihari.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Prashant Sinha, Advocate
                                                 Mr. Amar Kumar Singh, Advocate
                 For the Respondent/s     :      Mr. Government Pleader 6
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   13-03-2026                   Heard Mr. Prashant Sinha, learned counsel for the

                   petitioner and the State.

                                 2. The present writ petition has been preferred for

                   grant of following relief(s):-

                                                      “(i) for issuance of writ in the
                                        nature of certiorari for quashing of the letter
                                        no. 3056 dated 20.08.2024 issued by the
                                        Additional Collector, West Champaran, Bettiah
                                        whereby upon the representation made by the
                                        petitioner, it has been communicated that the
Patna High Court CWJC No.16221 of 2024(3) dt.13-03-2026
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                             Deputy          Collector,      Land       Reforms,
                             Narkatiyaganj has rejected the claim of the
                             petitioner as being Raiyat of the land.
                                          (ii) for necessary direction upon the
                             respondent authorities to produce the entire
                             record of Case No. 30/2019-20 from the Circle
                             Officer, Mainatar and the Deputy Collector,
                             Land Reforms, Narkatiyaganj and further for
                             issuance of writ in the nature of certiorari for
                             quashing of the order dated 04.01.2021 passed
                             by the Land Reforms Deputy Collector,
                             Narkatiyaganj, West Champaran in Case No.
                             30/2019-20 whereby he has rejected the claim
                             of the petitioner being the Raiyat of the land in
                             question in gross violation of the circular
                             contained in letter no. 925 (6) dated
                             11.11.2014 issued by the Revenue and Land
                             Reforms Department, Govt. of Bihar, Patna.
                                          (iii) for holding that the petitioner is
                             Raiyat of land bearing Thana No. 199, Khata
                             No. 3, Khesra No. 216, area 1.94 acres
                             situated in village- Laukar in Circle Mainatar
                             in the district of West Champaran in terms of
                             circular No. 925(6) dated 11.11.2014 as the
                             petitioner      purchased     the   land    through
                             registered sale deed on 15.11.1979 from
                             Damini Verma, who was the daughter of Ex-
                             intermediary Mohan Vikram Shah, the land
                             was given in the share of his unmarried wife
                             Radha Kumari Devi on the basis of Partition
Patna High Court CWJC No.16221 of 2024(3) dt.13-03-2026
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                             Suit No. 40/1942 and Radha Kumari Devi
                             executed a gift deed dated 12.04.1962 in
                             favour of her daughter Damini Verma,
                             Jamabandi was also running in the name of
                             Damini Verma in the Circle Officer, Mainatar
                             and after the purchase made by the petitioner,
                             Jamabandi is also running on the name of the
                             petitioner and he is paying rent to the Govt.
                             regularly.
                                          (iv) for necessary direction upon the
                             respondents to follow the circular issued by the
                             Revenue and Land Reforms Department, Govt.
                             of Bihar as contained to memo no.          925(6)
                             dated 11.11.2014 and particularly paragraph
                             3(i) (Angah) and (Cha) thereof which provides
                             that if the land is recorded as Bakasht in the
                             Khatiyan and the Jamabandi is running in the
                             name of somebody else, then the land will be
                             considered to be of the person on whose name
                             Jamabandi is running. Further, if the land is
                             recorded as Bakasht in the Khatiyan and it has
                             been transferred by the intermediary or his
                             heir to somebody else in such situation, the
                             land will be deemed to be Raiyati land of such
                             transferee.
                                          (v) for necessary direction upon the
                             respondent authorities to pay compensation to
                             the petitioner for the land bearing Thana No.
                             199 Khata No. 3, Khesra No. 216, area 1.94
                             acres situated in village- Laukar in Circle
Patna High Court CWJC No.16221 of 2024(3) dt.13-03-2026
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                             Mainatar under the provisions of Right to Fair
                             Compensation and Transparency in Land
                             Acquisition, Rehabilitation and Re-settlement
                             Act, 2013 as the said land has been acquired
                             by the respondent authorities without paying
                             any compensation to the petitioner for the
                             Indo-Nepal Border Road Project.
                                           (vi) for restraining the respondents
                             from making any construction over the land in
                             question till compensation is paid to the
                             petitioner.
                                           (vii) for any other direction, which
                             your Lordships may deem fit and proper in the
                             facts and circumstances of the case.”
                      3. The matter relates to piece of land details of which

          is already recorded in Para 1(iii).

                      4. The petitioner claims it to be his own land, which

          has been taken up for the development of the India Nepal

          Border Road Project and the petitioner was shocked to receive a

          letter no. 3056 dated 20.08.2024 issued by the Office of the

          Additional Collector, West Champaran, Bettiah stating that his

          claim has already been rejected by Deputy Collector, Land

          Reforms, Narkatiyaganj vide Case No. 30/19-20.

                      5. Aggrieved the, petitioner moved before this Court

          for quashing of the present letter no. 3056 dated 20.08.2024 as

          also to quash the order passed by the Deputy Collector, Land
Patna High Court CWJC No.16221 of 2024(3) dt.13-03-2026
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          Reform, Narkatiyaganj (in Misc. Case No. 30/19-20 after

          directing the respondents to bring the same on record

                      6. The case of the petitioner is/are:-

                         (i) he was never put on notice before the Deputy

          Collector, Land Reforms, Narkatiyaganj;

                        (ii) naturally, he was not heard;

                      (iii) the said order was never made available by him

          so that he could challenge it.

                       (iv) even the Additional Collector, West Champaran,

          Bettiah has not annexed the said order.

                      7. In paragraph 16 of the petition, the petitioner has

          made categorical statement that he was not put on notice.

                      8. A counter affidavit has come on behalf of

          respondent nos. 3 to 7 duly signed by the Circle Officer,

          Mainatand, West Champaran and in reply to para 16, the

          statement is that the Circle Officer, Mainatand has sent the

          recommendation before the Land Reforms, Deputy Collector,

          Narkatiyaganj who passed the order. The reply to the paragraph

          16 of the writ petition has been incorporated in the para 19 of

          the counter affidavit which read as under:-

                                                 “ (19) that in respect of
                             paragraph no. 16 and 17 of the present writ
                             petition, it is most humbly submitted that the
Patna High Court CWJC No.16221 of 2024(3) dt.13-03-2026
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                             Circle Officer, Mainatand, annexing the
                             documents, submitted by the writ petitioner,
                             has sent its recommendation before the Land
                             Reforms Deputy Collector, Narkatiaganj,
                             West Champaran to take necessary action in
                             respect of the Raiyantikaran of the land and
                             thereafter      the     Land       Reforms    Deputy
                             Collector, Narkatiaganj, West Champaran
                             has initiated Case No. 30 of 2019-20
                             (Anchal- Mainatand) and passed its order on
                             04.09.2021 by which he has not accepted the
                             recommendation          of   the     Circle   Officer,
                             Mainatand and has found the claim of the
                             writ petition was baseless and therefore the
                             plea of the petitioner for Raiyantikaran of his
                             land was not accepted.”
                      9. From the aforesaid facts, it is clear that the

          petitioner was neither put on notice nor was heard before the

          order in question was passed. Further, he has not been provided

          any copy of the said order. Worse, even the Additional Collector

          while negating the claim of the petitioner chose not to annex the

          said order.

                      10. In that background, this Court has no option but to

          quash both the orders dated 04.01.2021 passed by the Deputy

          Collector, Land Reforms, Narkatiyaganj and the order dated

          20.08.2024       passed      by    the    Additional      Collector,   West
            Patna High Court CWJC No.16221 of 2024(3) dt.13-03-2026
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                      Champaran, Bettiah.

                                  11. The matter is remitted back to Additional

                      Collector, West Champaran, Bettiah who shall be noticing all

                      the parties and pass a reasoned and speaking order in

                      accordance with law at the earliest.

                                  12. With the aforesaid observation, the writ petition is

                      disposed of.



                                                    (Rajiv Roy, J)
Ranjeet/-

U


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