Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court held that the writ petition cannot be entertained at this stage and directed the petitioners to approach the District Land Acquisition Officer with their documents, thereby disposing of the petition.
Summary
The petitioners, a group of villagers from Akorhi, Kaimur, filed a writ petition in the Patna High Court challenging an order dated 27 June 2023 of the District Magistrate that rejected their application for reference under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 concerning compensation for land acquired in 2014. They also sought a mandamus directing the Collector to refer a compensation dispute involving a sale deed allegedly executed by a person without title, to declare the deed void to the extent of their share, and to recover the compensation paid. The Court examined the nature of the reliefs and held that the appropriate forum for adjudicating the compensation claim is the District Land Acquisition Officer, who must be asked to produce the relevant land records and consider the petitioners’ representation. Accordingly, the Court directed the petitioners to file individual representations with supporting documents within two months and ordered the Circle Officer to produce the records. The writ petition was thereafter disposed of without granting the substantive reliefs sought.
Issues considered
- Whether the order of the District Magistrate rejecting the petitioners' application for reference under Section 64 of the RFCTLARR Act is illegal and liable to be quashed.
- Whether the Collector should be directed by mandamus to refer the compensation dispute to the Land Acquisition Resettlement and Rehabilitation Authority.
- Whether the sale deed dated 11.11.2008 executed by respondent No.10 is void to the extent of the petitioners' share and the compensation paid must be recovered.
- Whether the writ petition seeking certiorari, mandamus and declaration can be entertained by the High Court.
Legislation cited
Subjects
- land acquisition
- compensation
- writ petition
- certiorari
- mandamus
- Section 64
- RFCTLARR Act
- resettlement and rehabilitation
- sale deed
- void contract
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2232 of 2026
======================================================
1. Manoj Kumar Son of Late Ramji Prasad,
2. Munna Prasad, Son of Late Dhaneshwar Bind @ Dhaneshwar Prasad,
3. Panna Prasad @ Pana Prasad, Son of Late Dhaneshwar Bind @ Dhaneshwar
Prasad,
All are resident of Village-Akorhi, P.S. and Anchal-Mohania, District-
Kaimur at Bhabua.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Government of Bihar, Patna.
2. The Land Acquisition Officer, Resettlement and Rehabilitation Authority,
Patna.
3. The Collector cum District Magistrate, Kaimur at Bhabua.
4. The District Land Acquisition Officer, Kaimur.
5. Gobardhan Prasad, Son of Late Ramkrit Bind,
6. Santosh Kumar, Son of Late Haridwar Bind,
7. Ramjas Prasad, Son of Late Chhotelal Bind,
8. Dabloo Kumar, Son of Late Dindeyal Bind,
9. Babloo Kumar, Son of Late Dindeyal Bind,
10. Arti Devi, Wife of Rabindra Ram,
11. Mukhlal Paswan, S/o Late Ramdhari Dusadh,
Sl No.5 yo 11 are resident of Village-Akorhi, P.S. and Anchal-Mohania,
District-Kaimur at Bhabua.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aditya Kumar Pandey, Advocate
For the Respondent/s : Mr. Aditya Nath Jha, AC to SC 18
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 12-02-2026 Heard Mr. Aditya Kumar Pandey, learned counsel
appearing on behalf of the petitioners and Mr. Aditya Nath Jha,
learned AC to SC 18 for the State.
2. Petitioners have inter alia prayed for following
Patna High Court CWJC No.2232 of 2026(2) dt.12-02-2026
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reliefs in the paragraphs No.1 of the writ petition:-
“(I) For issuance of a writ in the nature of
certiorari to quash the order dated 27.06.2023 passed by
the District Magistrate, Kaimur in Misc. Case No.76/2019,
whereby the application filed by the petitioners for
reference under Section 64 of the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (hereinafter
referred to as the “RFCTLARR ACT”) was illegally
rejected and directed the petitioners to move before the
competent authority for getting compensation of the
disputed land.
(ii) For issuance of a writ in the nature of
mandamus commanding the respondent Collector to refer
the dispute to the Land Acquisition Resettlement and
Rehabilitation Authority (LARRA), Patna. The dispute
pertains to the compensation wrongfully paid to Respondent
No.10 (Arti Devi) based on a sale deed executed by a
person (Respondent No.9) who had no title to the
petitioners’ share.
(iii) To direct the Authority to adjudicate that
the sale deed dated 11.11.2008, executed by respondent
No.10, is void to the extent of the petitioners’ share, and
consequently, the compensation paid to respondent no.10
must be recovered/apportioned to the petitioners.
(iv) And for any other relief / reliefs for which
the petitioners are found to be entitled in the eye of law.”
3. Considering the nature of relief, as prayed for in the
present writ petition, I direct the petitioners to file their
individual representation before the District Land Acquisition
Officer, Kaimur along with all the documents and land records
in respect of their undisputed title over the land in question
which was acquired way back in the year 2014. The District
Land Acquisition Officer in that case is directed to call for the
records from the Circle Officer concerned. The Circle Officer is
directed to forthwith produce all the records and give details of
Patna High Court CWJC No.2232 of 2026(2) dt.12-02-2026
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the land of the petitioners, which has been acquired in the year
2014, so that the petitioners can be paid due compensation in
accordance with the Right To Fair Compensation And
Transparency In Land Acquisition, Rehabilitation And
Resettlement Act, 2013. The above exercise is required to be
taken within a period of two months from the date of filing of
the individual representation by the petitioners.
4. The writ petition is, accordingly, disposed of.
(Purnendu Singh, J)
Sanjay/-
U
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