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Patna High Court

Sanjay Kumar ShahiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioners must file a fresh representation to the Special Land Acquisition Officer, and the authorities must dispose of that representation before any further action regarding the alleged illegal withdrawal of compensation.

Summary

Thirteen petitioners filed a writ petition in the Patna High Court challenging a notice issued by the Certificate Officer‑cum‑District Sub Registrar directing them to deposit compensation allegedly illegally withdrawn. The petitioners contended that they had received compensation for land acquisition in 2009 and had already made a representation to the Special Land Acquisition Officer, which remained pending. The respondents argued that the petitioners' representations were not annexed to the petition. The Court held that the petitioners must file a fresh representation within two weeks, after which the authorities should dispose of it before proceeding with any demand for deposit of the compensation. Accordingly, the writ petition was disposed with the said directions.

Issues considered

  • What is the validity of the notice directing petitioners to deposit compensation alleged to be illegally withdrawn?
  • Whether petitioners are required to file a fresh representation before the authorities can act on the alleged illegal withdrawal?

Subjects

  • land acquisition
  • compensation
  • writ petition
  • administrative notice
  • representation
  • Bihar
  • Patna High Court

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.20027 of 2025
     ======================================================
1.    Sanjay Kumar Shahi S/O- Devnath Prasad Shahi @ Devnath Shahi Resident
      of Village- Chahunta, P.S.- Katra, District- Muzaffarpur.
2.   Baliram Singh, S/O- Shivlochan Singh, Resident of Village- Chahunta, P.S.-
     Katra, District- Muzaffarpur.
3.   Shashi Bhushan Singh, S/o- Rajkishore Singh, Resident of Village-
     Chahunta, P.S.- Katra, District- Muzaffarpur.
4.   Shiv Chandra Mahto, son of Late Nathuni Mahto, Resident of Village-
     Chahunta, P.S.- Katra, District- Muzaffarpur.
5.   Chandeshwar Mahto, Son of Late Nathuni Mahto, Resident of Village-
     Chahunta, P.S.- Katra, District- Muzaffarpur.
6.   Rameshwar Mahto, Son of Late Nathuni Mahto, Resident of Village-
     Chahunta, P.S.- Katra, District- Muzaffarpur.
7.   Parmeshwar Mahto, Son of Late Nathuni Mahto, Resident of Village-
     Chahunta, P.S.- Katra, District- Muzaffarpur.
8.   Awadhesh Jha, Son of Prithvipati Jha, Resident of Village- Chahunta, P.S.-
     Katra, District- Muzaffarpur.
9.   Sushil Jha, Son of Prithvipati Jha, Resident of Village- Chahunta, P.S.-
     Katra, District- Muzaffarpur.
10. Vakil Jha, Son of Prithvipati Jha, Resident of Village- Chahunta, P.S.- Katra,
    District- Muzaffarpur.
11. Ashok Kumar @ Ashok Kumar Singh, S/O- Dev Narayan Singh, Resident of
    Village- Chahunta, P.S.- Katra, District- Muzaffarpur.
12. Amrendra Kumar Singh, S/O Late Krishnadeo Singh, Resident of Village-
    Chahunta, P.S.- Katra, District- Muzaffarpur.
13. Kamod Kumar Jha @ Kamod Jha, S/O- Anirudh Jha, Resident of Village-
    Chahunta, P.S.- Katra, District- Muzaffarpur.
                                                          ... ... Petitioner/s
                                       Versus
1. The State of Bihar through the Principal Secretary, Department of Land
    Acquisition and Rehabilitation, Bihar, Patna.
2.   The Principal Secretary, Department of Water Resources, Bihar, Patna.
3.   The Joint Secretary cum Director, Department of Land Acquisition and
     Rehabilitation, Water Resources Department, Bihar, Patna.
4.   The District Magistrate, Muzaffarpur.
5.   The Special Land Acquisition Officer, Gandak Project, Muzaffarpur.
6.   The Executive Engineer, Bagmati Division, Gandak Project, Runisaidpur,
     Districjt- Sitamarhi.
7.   The District Land Acquisition Officer, Land Acquisition Office, Civil Court
     Campus, Muzaffarpur.
8.    The Certificate Officer Cum District Sub Registrar, Muzaffarpur.
                                                               ... ... Respondent/s
     ======================================================
     Appearance :
         Patna High Court CWJC No.20027 of 2025(2) dt.10-02-2026
                                                    2/3




                 For the Petitioner/s    :        Mr. Vijay Kumar, Advocate.
                 For the Respondent/s    :        Mr. Standing Counsel (6).
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

2   10-02-2026                   Heard learned counsel appearing on behalf of the

                   petitioners as well as the learned counsel appearing on behalf of

                   the respondents.

                                 2. The petitioners being aggrieved by the notice as

                   contained in Annexure-1 series filed this writ petition by which

                   the Certificate Officer-cum-District Sub Registrar, Muzaffarpur

                   (Respondent No. 8) directed the petitioners to deposit the

                   amount of compensation illegally withdrawn by them within

                   two weeks. Learned counsel for the petitioners submits that the

                   petitioners after having received the notice as contained in

                   Annexure-1 series, has filed a representation before the Special

                   Land Acquisition Officer, Gandak Project, Muzaffarpur but the

                   same has not been disposed of till date. It is submitted that the

                   petitioners received compensation for acquisition of their lands

                   in accordance with law in the year 2009. The notice does not

                   disclose any facts showing the illegal withdrawal of

                   compensation amount but it appears that a simple notice was

                   issued to the petitioners for deposit of the amount of

                   compensation said to have been illegally taken by the
           Patna High Court CWJC No.20027 of 2025(2) dt.10-02-2026
                                                      3/3




                     petitioners.

                                 3. Learned counsel appearing on behalf of the

                     Respondent-State submits that the copies of the representations

                     made by the petitioners have not been annexed to the present

                     writ petition.

                                 4. Having considered the facts, the present writ

                     petition is disposed of with a direction to the petitioners to file a

                     fresh representation to the Special Land Acquisition Officer,

                     Gandak Project, Muzaffarpur ventilating their grievances within

                     a period of two weeks from the date of the receipt of the copy of

                     this order. The authorities are directed to dispose of the

                     representation of the petitioners and only then proceed further

                     for realization of the amount, if it is found that the petitioners

                     have illegally withdrawn the compensation amount for

                     acquisition of their lands by misrepresenting any fact.

                                 5. With the above directions, the present writ petition

                     stands disposed of.



                                                             (A. Abhishek Reddy, J)
shakir/-

U


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