Patna High Court
Sushil Kumar Mishra @ Sushil MishraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed, with the Court directing the petitioners to file a fresh petition and the respondents to decide the pending matters within the stipulated time.
Summary
The petitioners, six members of the Mishra family, filed a writ petition in the Patna High Court seeking (a) a mandamus directing the revenue officials to fix rent for several parcels of land in Mauza‑Bakaur for which rent‑fixation cases (Nos. 44‑47 of 2023) remained pending, and (b) an order directing the Land Acquisition Officer to pay compensation for a specific plot, relying on a prior judgment in Second Appeal No. 368/1989 in their favour. The petition also asked for any other appropriate reliefs. The Court observed that the rent‑fixation matters had been pending since August 2025 and that the earlier judgment on compensation was already on record. It directed the petitioners to file a fresh petition, attaching the present order and supporting documents, within four weeks. Upon filing, the Deputy Collector (Land Reforms) and the Circle Officer were ordered to conclude the matters within three months. The Court consequently disposed of the original writ petition.
Issues considered
- What relief, if any, is the Court obligated to grant regarding the pending rent‑fixation cases for the petitioners’ land?
- Whether the respondents must pay compensation for the specified plot in accordance with the earlier judgment in Second Appeal No. 368/1989.
- Procedural direction for the petitioners to seek fresh relief and the time‑frame for the respondents to decide the matters.
Subjects
- rent fixation
- compensation
- mandamus
- land acquisition
- civil writ jurisdiction
- petition disposed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2496 of 2026
======================================================
1. Sushil Kumar Mishra @ Sushil Mishra S/o deceased Baidyanat Mishra,
resident of Village-Chandail, Post-Bakaur, P.S.-Supaul, District-Supaul.
2. Mithilesh Mishra, S/o Sitaram Mishra, resident of Village-Chandail, Post-
Bakaur, P.S.-Supaul, District-Supaul.
3. Kameshwar Mishra, S/o Shivshankar Mishra, resident of Village-Chandail,
Post-Bakaur, P.S.-Supaul, District-Supaul.
4. Nageshwar @ Nagendra Mishra, S/o Markandey Mishra, resident of Village-
Chandail, Post-Bakaur, P.S.-Supaul, District-Supaul.
5. Naval Kishor Mishra @ Pitamber Mishra, S/o Viswanath Mishra, resident of
Village-Chandail, Post-Bakaur, P.S.-Supaul, District-Supaul.
6. Mohan Mishra, S/o Shyam Sunder Mishra, resident of Village-Chandail,
Post-Bakaur, P.S.-Supaul, District-Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Deptt., Patna, Bihar.
2. The Collector cum District Magistrate, Supaul.
3. The Additional Collector, Supaul.
4. The Distric Land Acquisition Officer, Supaul.
5. The Deputy Collector Land Reforms, Supaul.
6. The Circle Officer, Supaul.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Dubey, Advocate
Mr. Kumar Gaurav, Advocate
Ms. Sheshadri Kumari, Advocate
Mr. Shashank Kashyap, Advocate
For the Respondent/s : Mr. Standing Counsel (8)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 17-03-2026 Heard Mr. Ranjan Kumar Dubey, learned counsel for
the petitioner and the State.
2. The present petition has been preferred for the
following relief(s):
Patna High Court CWJC No.2496 of 2026(2) dt.17-03-2026
2/3
“(a) For the issuance of a Writ in the
nature of Mandamus directing the respondents to fix
rent in respect of land situated at Mauza-Bakaur,
Thana No.176 bearing Khata No. 159, Khesra No.
1158, 1281 and 1282 and Khata No. 01, Khesra No.
1152,1153,1154,1155,1156,1157 and 1159 having its
total amalgamated area 6 Bigha 7 katha 10 dhurs for
which rent fixation Case No. 44,45,46 and 47 of
2023 have already been initiated but not disposed of
till date in spite of the fact that there is already a
Judgment in favour of petitioners passed in Second
Appeal No. 368/1989.
(b) For issuance of writ in the nature of
command directing the respondent particularly Land
Acquisition Officer, Supaul, to pay compensation
with respect to land of Khata No. 01, Plot No. 1159,
Area 0.11331 Hectare since right title and interest of
petitioners and their family members have already
been decided by the bench of this Hon'ble Court in
S.A No. 368/1989.
(c) For issuance of any other writ/writs for
which petitioner may deem entitled to.”
3. The prayer portion itself shows that the petitioner has
Patna High Court CWJC No.2496 of 2026(2) dt.17-03-2026
3/3
moved before this Court with a simple prayer to direct respondent
nos. 5 and 6, the Deputy Collector Land Reforms, Supaul and the
Circle Officer, Supaul respectively to decide his case pursuant to
the different orders passed in this regard.
4. The different annexures specially annexure-6 shows
that way back in the month of August 2025, petition was preferred
before the respondent no. 5 and according to the learned counsel
for the petitioner, the same has not been decided yet.
5. Learned State counsel submits that in that case, the
matter will be taken to its logical conclusion at an earliest.
6. Accepting the words of the learned State counsel, the
direction is given to the petitioner to file a fresh petition alongwith
the order of this Court and the necessary documents in support of
his case in next four weeks.
7. If such petition is filed, the respondent nos. 5 and 6
are duty bound to take the matter to its logical conclusion in next
three months.
8. With the aforesaid observation, the writ petition
stands disposed.
(Rajiv Roy, J)
Adnan/-
U
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