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Patna High Court

Mantu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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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