Patna High Court
Dharmendra RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- BIBEK CHAUDHURI
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
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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
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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.
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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.
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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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