Patna High Court
Fazalur RahmanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition was dismissed and no mandamus was issued to compel payment of compensation.
Summary
The petitioners, three landowners, filed a writ petition seeking a mandamus directing the Land Acquisition Officer to pay compensation for 34 decimal of land that they allege remains unpaid after acquisition for a power grid. The respondents, representing the State of Bihar, countered that the entire 6.75 acres had been fully compensated and that the petitioners' claim was false and fabricated. The petitioners argued that compensation for the 34 decimal portion was still outstanding and that they would approach the appropriate authority to demonstrate this. The court noted the counter‑affidavit but allowed the petitioners liberty to approach the appropriate authority if they wished. Ultimately, the court disposed of the writ petition without granting the relief of mandamus.
Issues considered
- Whether the petitioners are entitled to a mandamus directing the Land Acquisition Officer to pay compensation for the alleged unpaid 34 decimal of land.
Subjects
- land acquisition
- compensation
- mandamus
- writ petition
- power grid
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16626 of 2023
======================================================
1. Fazalur Rahman S/O - Zahoor Ali, R/o Ward No. 11 Bagalbari, P. O and P.S.
Kochadhaman, District- Kishanganj, Pin code-855107.
2. Hamful Khatoon, W/O - Fajalur, R/O - Bagalbari Ward no. 11 Bagalbari,
P.O. and P.S.- Kochadhaman, District- Kishanganj, Pin code- 855107.
3. Rafique Alam, S/O - Johar Ali, R/O - Kochadhaman Ward no. 11 Bagalbari,
P.O. and P.S - Kochadhaman, District- Kishanganj, Pin Code- 855107.
... ... Petitioner/s
Versus
1. The State of Bihar through District Magistrate, Kishanganj.
2. Land Acquisition Officer, Kishanganj District - Kishanganj.
3. Circle Offocer, Kochadhaman District - Kishanganj.
4. Anchal Amin Kocha Dhaman Circle , District - Kishanganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Shahnawaz Ali, Advocate
: Mr. Padmanabh Kashyap, Advocate
For the State : Mr. Rishi Raj Sinha. SC-19
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 27-04-2026 Heard Mr. Md. Shahnawaz Ali, learned counsel for
the petitioners and learned State counsel.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for order and direction in the
nature of mandamus directing and commanding
the respondent authority no. 2 to make payment
of amount of award/compensation of 34 decimal
land situated at Kocha Dhaman circle district
Kishanganj under mauja Singhia Chakandra
vide its sale deed no. 3330 dated 16.04.2010,
Patna High Court CWJC No.16626 of 2023(2) dt.27-04-2026
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sale deed no. 4388 dated 14.10.1998, sale deed
no.2906 dated 27.04.2004 and sale deed no. 701
dated 09.02.1999 bearing than no.56, Khata no.
68 plot no (Khesara No.) 376 measuring a total
area one acre 29 decimal out of which
compensation of 95 decimal was given and rest
34 decimal is still outstanding which was
acquired by respondent no. 2 for installation of
power grid, be issued.”
3. A counter affidavit has come and paragraph no.19
read as follows:
“19. That the averment made in para
no.-08 to 12 of this petition, it is most humbly
and respectfully stated and submitted that as
stated in above paras, land falling in Circle-
Kochadhaman, Mauza-Singhia Chanandra,
Thana No.56, Khata No.68, Khesra No.376 has
total area-6.75 Acres as per records of right and
the entire area 6.75 Acres has been acquired and
compensation of the entire area 6.75 Acres has
been provided to each and every raiyats as per
Land Possession Certificates issued from this
Patna High Court CWJC No.16626 of 2023(2) dt.27-04-2026
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Respondent no.-03. The Circle Officer,
Kochadhaman, hence no any land is left for
being paid for compensation and the entire
claims of writ petitioners are totally false,
fictitious, forged, fabricated and full of wrong
statements for filing this false writ at the
instigation of some fertile brain for wrongful
gain, which is neither sustainable in the eye of
law nor sustainable in the eye of facts.”
4. Learned counsel for the petitioners submit that they
shall be approaching the appropriate authority/court to
show/demonstrate that the entire compensation has not been
paid and he still owe compensation for 34 decimal of land.
5. Though paragraph no.19 of the counter affidavit
has already been recorded, if the petitioner want liberty, the
same is allowed.
6. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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