Patna High Court
Mantu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court granted the petitioners liberty to re‑file the petition after the conclusion of Title Appeal No. 10 of 2017 and disposed of the present writ petition.
Summary
The petitioners, a group of individuals from Araria district, filed a writ petition seeking the formal acquisition of a disputed parcel of land on which the Bihar Agriculture Department had constructed an office, along with compensation and interest, and also demanded that the department vacate the land. The respondents, representing various state officials, filed a counter‑affidavit indicating that the title of the land had been restored through Title Appeal No. 10 of 2017. Both sides agreed that the petitioners should be allowed to raise the matter again after the pending title appeal is concluded. The court, noting the parties’ unanimity, granted the petitioners liberty to approach the court afresh once the appeal is over. Consequently, the writ petition was disposed of without any substantive order on acquisition or compensation. The decision rests on procedural considerations rather than a substantive determination of rights over the land.
Issues considered
- Whether the petitioners are entitled to immediate acquisition and compensation for the disputed land despite the pending Title Appeal No. 10 of 2017.
- Whether the court should entertain the writ petition or defer the matter until the resolution of the title appeal.
Subjects
- land acquisition
- compensation
- writ petition
- title appeal
- civil writ jurisdiction
- procedural liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1656 of 2025
======================================================
1. Mantu Kumar son of Bishun Lal @ Vishun Lal Prasad, Resident of Village-
Janta Chowk, Shrinagar Road, P.S. K. Hat, District-Purnia.
2. Pushpa Devi, wife of Rajendra Prasad Shrivastava, resident of Bhagat Tola,
Belwa, Ward No. -01, Araria, P.S.-Araria, District-Araria.
3. Chandan Kumar @ Chandan Kumar Shrivastva, son of Rajendra Prasad
Shrivastva, resident of Bhagat Tola, Belwa, Ward No. -01, Araria, P.S. and
District-Araria.
4. Usha Devi, wife of Jayant Lal, resident of Bhagat Tola, Belwa, Ward No.
-01, Araria, P.S. and District-Araria.
5. Banti Kumar, son of Jayant Lal, resident of Bhagat Tola, Belwa, Ward No.
-01, Araria, P.S. and District-Araria.
6. Gopi Lal, son of Kishun Lal, resident of Bhagat Tola, Belwa, Ward No. -01,
Araria, P.S. and District-Araria.
7. Shankar Kumar Shrivastva @ Shankar Kr. Shrivastwa son of Akhileshwar
Prasad, resident of Bhagat Tola, Belwa, Ward No. -01, Araria, P.S. and
District-Araria.
8. Shambhu Kumar son of Akhileshwar Lal @ Prasad, resident of Bhagat Tola,
Belwa, Ward No. -01, Araria, P.S. and District-Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Revenue and Land
Reforms Department, Govt. of Bihar, Patna.
2. The Secretary, Revenue and Land Reforms Department, Govt. of Bihar,
Patna.
3. The Additional Secretary, Revenue and Land Acquisition, Govt. of Bihar,
Patna.
4. The Collector cum District Magistrate, Araria.
5. The District Land Acquisition Officer, Araria.
6. The District Agriculture Officer, Araria.
7. The Sub-Divisional Agriculture Officer, Araria.
8. The Anchal Adhikari, Araria, District Araria.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Uday Bhanu Roy, Advocate
For the Respondent/s : Mr. Standing Counsel (16)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 04-05-2026 Heard Mr. Kumar Uday Bhanu Roy, learned counsel
Patna High Court CWJC No.1656 of 2025(3) dt.04-05-2026
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for the petitioner and the State.
2. The present petition has been preferred for the
following relief(s):
“(i) An appropriate writ, order or
direction be issued to the respondents authorities
to formally acquire the disputed land over which
the agriculture Department, Govt. of Bihar has
constructed its Office and structures and pay
compensation thereof through with penal interest.
(ii). An appropriate writ, order or
direction be issued commanding and directing the
respondents authorities so vacate its possession in
favour of the petitioners over the portion of
disputed land which an vacant though under the
occupation of the District Agriculture Department.
(iii). Any other relief or reliefs to which
the petitioners are found fit and entitled.”
3. A counter-affidavit has come on behalf of the
respondent nos. 4 to 8 which shows that finally, the State-
respondents have been able to restore the Title Appeal No. 10 of
2017.
4. The parties are unanimous that liberty be granted to
Patna High Court CWJC No.1656 of 2025(3) dt.04-05-2026
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the petitioner to agitate the matter afresh once the Title Appeal
No. 10 of 2017 comes to an end.
5. Granting said liberty, the writ petition stands
disposed of.
(Rajiv Roy, J)
Adnan/-
U
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