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Patna High Court

Md. Karimuddin AnsariversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                 ======================================================
           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
Patna High Court CWJC No.1799 of 2026(3) dt.10-03-2026
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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.,
Patna High Court CWJC No.1799 of 2026(3) dt.10-03-2026
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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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