Patna High Court
Jitendra YadavversusThe State of Bihar through its Chief Secretary,
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
Holding
The court held that the compensation had been deposited with the appropriate authority and directed the petitioners to seek redressal of their grievances from the Land Acquisition Officer, without granting a stay of possession.
Summary
The petitioners, a group of landowners, challenged the acquisition of their land for the extension of an SSB camp, alleging that no compensation had been paid and that possession had been taken. The respondents, including the State of Bihar and SSB officials, contended that the compensation amount of Rs. 32,47,425 had been deposited with the Land Acquisition Rehabilitation Settlement Authority. The court examined the submissions and found that the compensation was indeed deposited, and the petitioners had not raised any objection to the quantum before the authority. Consequently, the court directed the petitioners to approach the Land Acquisition Officer with their grievances regarding compensation within three weeks and to submit relevant documents. The authority was ordered to consider the applications and issue a detailed order within three months, with the petitioners free to approach a higher forum if dissatisfied. The application was therefore disposed without granting a stay or ordering the production of documents.
Issues considered
- Whether the petitioners are entitled to a stay on the acquisition and possession of their land pending payment of compensation
- Whether the compensation amount has been paid or deposited as claimed by the respondents
- Whether the court can direct the petitioners to approach the Land Acquisition Officer for grievance redressal
Legislation cited
Subjects
- land acquisition
- compensation
- stay of possession
- public purpose
- writ jurisdiction
- SSB camp
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18231 of 2021
======================================================
1. Jitendra Yadav S/O - Sri Bijali Yadav R/O Vill and P.O. - Phulhar, P.S. -
Harlakhi, Distt- Madhubani.
2. Raj Narayan Mahto S/O Late Brahmadeo Mahto R/O - Vill - Gopalpur, P.O.
- Phulhar, P.S. Harlakhi, Distt- Madhubani.
3. Shyam Prasad Gupta S/O - Late Sukhdeo Sah R/O - Vill and P.O. - Phulhar,
P.S. - Harlakhi, Distt- Madhubani.
4. Bhogendra Sah R/O - Vill and P.O. - Beta Parsa, P.S. - Harlakhi, Distt-
Madhubani.
5. Ramchandra Mahto S/O - Late Genalal Mahto R/O Vill and P.O. - Phulhar,
P.S. - Harlakhi, Distt- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary, Govt. of Bihar, Patna.
2. The Chief Secretary Govt. of Bihar, Patna.
3. The Principal Secretary, Department of Home, Government of Bihar, Old
Secretariat, Patna.
4. The Principal Secretary, Revenue and Land Reforms Department,
Government of Bihar, Old Secretariat, Patna.
5. The Collector, Madhubani.
6. The Circle Officer, Harlakhi, District- Madhubani.
7. The Land Acquisition Officer, Madhubani.
8. The Union of India through Director General, Sashstra Seema Bal, Force
Headquarter, East Block - V, R.K. Puram, N. Delhi.
9. The Director General, Sashstra Seema, Bal, Force Headquarter, East Block -
V, R.K. Puram, N. Delhi.
10. The Inspector General, Frontier Headquarter, Sashstra Seema Bal, Patna.
11. The Commndant 48th Battalion, Sashstra Seema Bal, Jainagar, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Shekhar Singh
For the Respondent/s : Mr. Sajid Salim Khan (SC 25)
For the SSB : Mr. Anshay Bahadur Mathu, CGC
=====================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL JUDGMENT
Date : 07-04-2026
Heard Mr. Chandra Shekhar Singh, learned counsel for
the petitioners, the learned SC-25 for the State and Mr. Anshay
Bahadur Mathur, learned CGC for the respondents.
Patna High Court CWJC No.18231 of 2021 dt.07-04-2026
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2. The petitioners have approached this Court for
directions upon the respondent authorities not to acquire the land
of the petitioner for the purpose of extension of SSB Camp
without making payment of compensation and to further direct the
authority to produce all the documents related to land acquisition
and abstain from taking possession during the pendency of the writ
application.
3. Learned counsel for the petitioners submits that the
lands of the petitioners though has been taken for SSB Camp,
Phoolhar, however, till date no compensation has been paid and
the possession and construction of boundary wall has been done. It
has been submitted that the land of the petitioners fall at the side of
NH 104/227 and are commercial and residential in nature and in
view of the fact that the compensation is based on a lesser value,
the said amount has not been paid to the Raiyats including the
petitioners. It has been submitted that the petitioners and the others
have been demanding for a higher compensation, however, the
authorities are not paying the said amount and have also taken
possession of the said land.
4. Learned AC to SC 25 as well as the learned CGC for
the SSB contend that the amount has already been deposited with
the authorities and it is the petitioners and others who are not
Patna High Court CWJC No.18231 of 2021 dt.07-04-2026
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receiving the said amount and from the averment made in the writ
petition also it would be evident that they have not raised any
objection with regard to the quantum of compensation.
5. The learned CGC has submitted that the acquisition
process was conducted by the respondent no. 7 in terms of the
Land Acquisition Act, 1894 and compensation for the entire three
acres of land was determined at Rs. 31,71,825/- along with an
additional amount of Rs. 7 lakhs and odd and the said amount has
been deposited with the respondent no. 7 i.e. the Land Acquisition
Officer, Madhubani for payment of compensation to the land
owners including the petitioners. It has been submitted that only
after getting the certificate of possession and after the land being
demarcated through precast RCC poles, that the barbed wire
fencing was carried out, however the petitioners and other
villagers obstructed the fencing work and the matter was also
intimated to the District Administration.
6. Learned AC to SC 25 submits that despite notice
issued to all the land owners for payment of compensation in terms
of the award, nobody including the petitioners came to the office
of respondent no. 7 for receiving the amount of compensation and,
therefore, on the instructions of the Collector, Madhubani, the
entire amount of compensation amounting to Rs. 32,47,425/- has
Patna High Court CWJC No.18231 of 2021 dt.07-04-2026
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been deposited by the respondent no. 7 before the Land
Acquisition Rehabilitation Settlement Authority, Darbhanga on
18.08.2017. It has been submitted that the petitioners have
alternative remedy, instead they have chosen to approach this
Court, however, they may be relegated to the respective authorities
to raise objection with regard to the quantum of compensation.
7. Having heard the learned counsel for the parties and
taking into account the fact that the amount has already been
deposited with the Land Acquisition Rehabilitation Settlement
Authority, Darbhanga, the petitioners are directed to approach the
authority i.e. Respondent No. 7, the Land Acquisition Officer,
Madhubani with their grievances; especially with regard to the
quantum of compensation and raise all other grievances bringing
on record all relevant documents showing their title over the land
under acquisition, within a period of three weeks from the date of
this order, along with their representations and the authority
concern shall consider their applications and after hearing the
parties, pass a detailed and reasoned order, clarifying the basis of
such calculation, within a period of three months thereafter.
8. The petitioners shall be at liberty to approach
appropriate forum, if they remain dissatisfied with the order passed
by Respondent No. 7.
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9. The application stands disposed of accordingly.
(Sourendra Pandey, J)
krishna/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 10.04.2026
Transmission Date NA
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