Patna High Court
Md. Karimuddin AnsariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that compensation can be paid only after the petitioners submit the requisite documents and complete the statutory forms, and thus declined to grant the mandamus for payment with interest.
Summary
The petitioners, a group of landowners, sought a writ of mandamus directing the State of Bihar and its land acquisition officials to pay them compensation with interest for land acquired for a SSB headquarters, invoking Section 37(2) of the RFCTLARR Act, 2013. The court had earlier ordered the District Land Acquisition Officer to visit the petitioners, obtain necessary forms, and make payment within two weeks. The officers complied, but the petitioners refused to fill the prescribed forms, contending that the court's order did not include interest. The respondents argued that payment cannot be made without verification of ownership, identity, and bank details as mandated by law. The court held that compensation can be disbursed only after the petitioners provide the required documents, and therefore declined to issue the mandamus for payment with interest. Consequently, the writ petition was disposed of with the observation that the petitioners must approach the land acquisition office with the necessary paperwork.
Issues considered
- Can the court compel payment of compensation with interest under the RFCTLARR Act without the petitioners furnishing required documents?
- Does the petitioners' refusal to fill statutory forms bar the issuance of a mandamus directing payment?
- Is interest payable on compensation when the procedural requirements under Section 37(2) are not fulfilled?
Legislation cited
Subjects
- land acquisition
- compensation
- mandamus
- interest
- RFCTLARR Act
- writ petition
- procedural compliance
- non‑compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1799 of 2026
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1. Md. Karimuddin Ansari Son of Late Jan Muhammad Ansari @ Jan Mo.
Miyan, Resident of Nizam Chak, P.O.- Unhachak, Dighwara, P.S.-
Dighwara, Saran Bihar.
2. Akhtari Begum, Wife of Late Md. Hasim Ansari, Resident of Near Pani Cal
Chowk, Nawab Road, Chandwara, P.S.- Muzaffarpur, Muzaffarpur, Bihar.
3. Nasarudin, Son of Late Jan Muhammad Ansari @ Jan Mo. Miyan, Resident
of Nizam Chak, P.O.- Unhachak, Dighwara, P.S.- Dighwara, Saran, Bihar.
4. Jaibun Nisha, Wife of Nasarudin, Resident of Nizam Chak, P.O.- Unhachak,
Dighwara, P.S.- Dighwara, Saran, Bihar.
5. Begum Smt Hazia, Wife of Late Mohammed Sayeed, Resident of Nizam
Chak, P.O.- Unhachak, Dighwara, P.S.- Dighwara, Saran, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, Department of Revenue
and Land Reforms, Government of Bihar, Patna.
2. The District Magistrate, Saran, Chapra.
3. The District Land Acquisition Officer, Saran, Chapra.
4. The Deputy Collector Land Reforms, Sonpur, Saran, Chapra.
5. The Circle Officer, Sonpur, Saran, Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gaurav Prakash, Advocate
For the Respondent/s : Mr.Standing Counsel (8)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 10-03-2026 Heard Mr. Gaurav Prakash, learned counsel for the
petitioners and the State.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of writ in the nature of
mandamus directing the Respondent
authorities to make payment of fair
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compensation along with interest against
acquisition of the petitioner's land situated
under Mauja- Dumari Bujurg, Thana No.
22, Thana- Sonpur, Circle Sonpur, District
Saran for construction of SSB headquarter
in terms of the publication issued vide PR
15320 (Revenue) 2019-20 by the District
Magistrate, Saran, Chapra;
(ii) for issuance of writ of mandamus
directing the Respondent authorities to
complete the issuance of payment notice
under Section 37(2) of the Right to Fair
Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement
Act, 2013 (hereinafter referred as
RFCTLARR Act, 2013) including the interest
thereon;
(iii) for any other relief(s) that this Hon'ble
Court may deem fit and appropriate.
3. The details of the land is/are already incorporated
in the aforesaid paragraph no.02 and the grievance is/are that the
compensation amount has not been paid to them despite the
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acquisition of the land for the Shashtra Seema Bal (henceforth
for short ‘the SSB’) campus.
4. Pursuant to the last order passed by the coordinate
bench on 05.02.2026 directing the respondents to approach the
petitioners, the stand of the respondents (as per the counter
affidavit) filed on behalf of respondent nos. 02 and 03 namely
(the Collector, Saran at Chapra and the District Land
Acquisition Officer, Saran at Chapra) is/are as follows:
10. that this Hon'ble Court, vide order
dated 05.02.2026, was pleased to direct
the Land Acquisition Officer, Saran,
Chapra to visit the residence of the
petitioners, get requisite forms filled up
and make payment of due compensation
within two weeks and submit compliance
report;
11. that in respectful compliance of the
aforesaid order, the District Land
Acquisition Officer, Saran, Chapra along
with the Additional Land Acquisition
Officer, Head Clerk and Dealing
Assistant visited the residence of the
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petitioners on 13/02/2026 carrying the
prescribed forms and necessary
documents required for completion of
payment formalities;
12. that the District Land Acquisition
Officer, Saran remained present at the
residence of the petitioners for a
considerable period of time and made
sincere and bona fide efforts to facilitate
filling up of requisite forms and
collection of necessary documents so that
payment of compensation could be
processed without further delay;
13. that the Petitioners were requested
repeatedly and in good faith to fill up the
prescribed forms and submit necessary
documents including revenue records,
identity proof and bank account details;
however, petitioner No. 1 Md.
Karimuddin Ansari declined to do so
stating that the order dated 05.02.2026
does not specifically direct payment of
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interest and that they intend to receive
payment along with interest through
further orders of this Hon'ble Court;
14. that Md. Masoom Ali, son of one of
the petitioners, Nasaruddin was present
at the time of visit and also expressed
unwillingness to submit the documents at
that stage;
15. that the entire proceeding took place
in presence of the local Mukhiya, Md.
Jamil Ansari who signed the inspection
memo prepared at the spot. The said Md.
Masoom Ali signed the inspection memo
as a witness to the proceeding, whereas
petitioner No. 1 Md. Karimuddin Ansari
declined to sign the same. GPS
Photographs of visit and interaction were
also taken;
16. that the answering respondents most
respectfully submit that they are ready
and willing to disburse the due
compensation amount forthwith upon
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submission and verification of the
requisite documents as required under
the Act and the Rules framed thereunder;
17. that payment of compensation cannot
be lawfully made without verification of
ownership, identity and bank particulars
of the claimants as mandated under
statutory provisions.
(emphasis added)
5. Annexure-B series of the counter affidavit contains
photographs showing Senior Officers of the District
Administrator sitting in the premises of the petitioners.
6. Further, while Annexure-A series shows that the
notices issued to the petitioners has been acknowledged by the
petitioner no.1, Md. Karimuddin Ansari; Annexure-B shows the
document signed by the officials as also the ‘Mukhiya’ of the
Gram Panchayat, Kuraya acknowledging their presence.
7. This counter affidavit has been filed after service
of copy to the learned counsel for the petitioners on 16.02.2026
and there is no rebuttal to it.
8.Pursuant to the order passed by a coordinate
bench of this Court on 05.02.2026, the respondent D.L.A.O.,
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Sitamarhi religiously followed the order and visited the
petitioners’ residence alongwith required documents, sat there,
requested them to fill those documents and provide supporting
documents. However, the petitioners not only refused to fill the
papers, they actually chose to defy the order dated 05.02.2026
passed by the Court by insisting that the Court’s order do not
include the interest to be paid and as such they will not fill the
forms/documents.
9. The stand of the respondents is/are very clear and
rightly so that unless they are provided with the documents for
the land showing the bonafide of the petitioners, they cannot
proceed further. This Court has taken note of the unrebutted
counter affidavit filed by the State. Clearly the petitioners are at
fault.
10. This Court is of the opinion that any payment can
be made only after the petitioners show their bonafide by
providing documents and by filling papers and not otherwise. As
they have chosen to look the other way, no further order can be
passed.
11. Considering the development that took place
following the order passed by the coordinate bench on
05.02.2026, at one stage, the Court wanted to dismiss the writ
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petition with cost but refrains from doing so. It can only record
that if good sense prevail upon the petitioners and they have the
documents to support their claim vis-a-vis the lands, they can
very well visit the office of the District Land Acquisition
Officer, Saran at Chapra (respondent no.03) and provide the
necessary documents, fill the requisite papers so that their claim
can be expedited.
12. The writ petition is disposed of with the aforesaid
observations.
(Rajiv Roy, J)
Ravi/-
U
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