Patna High Court
Sanjay Kumar ShahiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
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issued by the Certificate Officer‑cum‑District Sub Registrar directing them to deposit compensation allegedly illegally withdrawn.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- What is the validity of the notice directing petitioners to deposit compensation alleged to be illegally withdrawn?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
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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
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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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