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Patna High Court

Dharmendra RayversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court ordered the mutation of the petitioner's title and the payment of compensation, subject to tax deductions, thereby granting the relief sought.

Summary

The petitioners, owners of land acquired for a national highway, applied for mutation of title to record their ownership, but the mutation was not effected. The National Highway Authority began demolishing the building on the land, prompting the petitioners to seek a writ of mandamus to halt demolition and to obtain compensation. The State argued that compensation could not be paid until the mutation was completed. The Court held that the Deputy Collector and Collector must immediately mutate the petitioner's name as Rayyat based on the sale deed and then pay the settled compensation, allowing a deduction for any revenue tax accrued. The order directed completion of these steps within six weeks and disposed of the petition on contest.

Issues considered

  • Whether the State can withhold compensation for land acquisition pending mutation of title.
  • Whether the Court can issue a mandamus directing mutation of title and payment of compensation.
  • Whether the petitioners are entitled to compensation despite ongoing demolition.

Subjects

  • land acquisition
  • mutation of title
  • compensation
  • mandamus
  • National Highway Authority
  • public purpose
  • revenue tax

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.19439 of 2024
                 ======================================================
           1.     Dharmendra Ray Son of Late Devraj Ray, Resident of Daudpur, P.S.- Maner,
                  District- Patna.
           2.    Bara Chakiya Dugdh Utpadak Samiti Ltd. through its Secretary Bittu
                 Kumar, aged about 27 years, Male, Son of Dharmendra Rai @ Dharmendra
                 Ray, Resident of Daudpur, P.S.- Maner, District- Patna.

                                                                               ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the District Magistrate, Patna.
           2.    The District Magistrate cum Collector, Patna.
           3.    The Land Acquisition Officer, Patna.
           4.    The Circle Officer, Maner, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Anjani Kumar Jha, Advocate
                                                  Mr. Anita Kumari Sharma, Advocate
                                                  Mr. Shaambhavi Sinha, Advocate
                                                  Mr. Vishwa Shri Rajendra, Advocate
                 For the State          :         Mr. Mahendra Prasad Yadav, G.P.-23
                                                  Mr. Meera Singh, A.C. to G.P.-23
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                                       ORAL ORDER

3   02-02-2026                    The petitioners have filed the instant writ petition for

                   the following reliefs:-

                                            1. For issuance of writ in the nature of
                                            mandamus     for    commanding      the    state
                                            respondents to not to demolish the building and
                                            boundary of the Petitioners till payment of
                                            compensation and without notice to vacate the
                                            premises, which is situated at Mauja Khashpur
                                            Khata no. 93, Kshesara no. 12 Thana no. 94,
                                            area 6 Decimal, which was acquired by the
                                            government for purpose of construction of 6
                                            lane road.
                                            II. For issuance of writ in the nature of
Patna High Court CWJC No.19439 of 2024(3) dt.02-02-2026
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                                  mandamus       for   directing   the   respondents
                                  concerned to ensure there is no unlawful
                                  interference in the peaceful possession of the
                                  land without notice to vacate the premises as
                                  there is co-operative society is running in the
                                  name and style of Bara Chakiya Dugdh
                                  Utpadak Samiti Ltd. And about 500 families are
                                  associated with the co-operative society.



                      2. I have heard the learned Advocate on behalf of the

          petitioners as well as the learned Advocate for the State.

                      3. It is submitted by the learned Advocate for the

          petitioners that the land, in question, has already been acquired

          by NHAI for construction of National Highway and

          compensation amount remains in custody of the Collector. It is

          also submitted that the land, in question, was recorded as

          Gairmajarua Malik land in the C.S. record of rights. The father

          of the petitioners purchased the said land from the occupiers

          who used to stay in the said land constructing a house. The

          petitioner no. 1 filed an application on 21 th August, 2024 to the

          Circle Officer praying for recording his name as Rayyat in

          respect of the said purchased land. By virtue of Annexure-P8 to

          the supplementary counter affidavit, the Circle Officer, Maner,

          Patna forwarded the said letter to the Deputy Collector Land

          Records being the competent authority on 23rd October, 2024
Patna High Court CWJC No.19439 of 2024(3) dt.02-02-2026
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          requesting him to take necessary steps for mutation in respect of

          said property. However, till date no step has been taken either by

          the Deputy Collector Land Records, Danapur or by the

          Collector, Patna with regard to mutation of his name. In the

          meantime, symbolic position of the land was handed over to the

          NHAI. The NHAI started demolishing the boundary wall of the

          building of the petitioner no. 1, which led the petitioners to file

          the instant writ petition in which an order of status quo was

          passed by this Court on 20th December, 2024.

                      4. Now, it is submitted by the learned Advocate for

          the petitioners that the petitioners understand that after the land

          was handed over to National Highway Authority for public

          purpose i.e. for construction of National Highway, it would not

          be possible for him to retain the land and structure thereon. In

          the meantime, the authority has calculated the amount of

          compensation in respect of the land and structure.

                      5. The learned Advocate for the petitioners submits

          that the grievance of the petitioners will be satisfied, if he is

          paid the compensation amount against the said land and

          structure which has been settled by the competent authority and

          on receiving compensation, the petitioners will hand over the

          position of the same.
Patna High Court CWJC No.19439 of 2024(3) dt.02-02-2026
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                      6. The learned Advocate on behalf of the State-

          respondents, on the other hand, submits that the State-

          respondents are not in a position to grant compensation to the

          petitioner no. 1 because of the fact that his name has not been

          mutated as yet, in respect of the land and structure, in question.

                      7. It is needless to say that when a particular piece of

          land is acquired for public purpose of constructing National

          Highway, the State Government ought to have vigilant to record

          the name of the petitioner no. 1 as Rayyat, especially, when he

          made an application to the Circle Officer on 21st August, 2024 in

          the said application forwarded to the Deputy Collector Land

          Records on 23rd October, 2024. National Highway Authority is

          entrusted to get physical position of the land, in question, for

          construction of the highway.

                      8. Considering such circumstances, this Court

          disposed of the instant writ petition directing the Deputy

          Collector Land Records, Danapur and Collector, Patna to

          dispose of the application filed by the petitioners on 21 st August,

          2024 on the basis of registered sale deed dated 17 th November,

          1980 and to mutate his name as Rayyat in the records of rights.

          After recording his name as Rayyat, the petitioners shall be paid

          the compensation amount which has already been settled.
           Patna High Court CWJC No.19439 of 2024(3) dt.02-02-2026
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                                 9. Entire act shall be done within six weeks from the

                     date of this order.

                                 10. While granting compensation to the petitioner no.

                     1, the CALA is at liberty to deduct revenue tax, if any, in respect

                     of the said land accrued from 17.11.1980 till date from the

                     compensation amount.

                                 11. The parties are at liberty to act upon the server

                     copy of this order.

                                 12. The instant writ petition is, thus, disposed of on

                     contest.

                                 13. However, there shall be no order as to cost.



                                              (Bibek Chaudhuri, J.)
Jyoti Kumari/-

U


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