Patna High Court
Tapan Das @ Tapan Kumar DasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court directed the District Land Acquisition Officer to furnish the requisite statutory forms and to ensure payment of the admitted compensation amount, thereby disposing of the petition.
Summary
Petitioner Tapan Das filed a writ petition seeking payment of compensation for land acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, after an award (Prapatra IV) was prepared and the amount communicated. The petitioner alleged that the District Land Acquisition Officer was refusing to release the compensation, while the State argued that the petitioner had not filed a claim with the requisite statutory form. The Court noted that the State had not disputed the amount of compensation specified in the award. Consequently, the Court directed the District Land Acquisition Officer to provide all necessary statutory forms and to ensure that the admitted compensation is paid without further delay. The writ petition was thereafter disposed of.
Issues considered
- Whether the High Court can intervene to direct payment of compensation when the award is prepared but payment is withheld.
- Whether the petitioner must first submit a claim with the requisite statutory form before invoking writ jurisdiction.
- Whether the State's admission of the compensation amount creates a mandatory duty on the Land Acquisition Officer to disburse the amount.
Legislation cited
Subjects
- land acquisition
- compensation
- writ jurisdiction
- Right to Fair Compensation Act
- statutory forms
- district land acquisition officer
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2737 of 2026
======================================================
Tapan Das @ Tapan Kumar Das S/o- Upendra Das @ Upendro Das R/o- Vill.-
Uttar Rampur, P.O.- Chapore, Sub-District- Goalpokhar, District- Uttar
Dinajpur, State- West Bengal.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Land Reform and
Revenue Dept., Government of Bihar.
2. Additional Chief Secretary, Land Reforms and Revenue Dept., Government
of Bihar.
3. Collector, Kishanganj.
4. Appropriate Tribunal cum District Land Acquisition Officer, Kishanganj.
5. Anchal Adhikari, Kishanganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheonandan Prasad Singh, Sr. Advocate
Mr.Kumar Sameer, Advocate
For the Respondent/s : Mr.Prashant Pratap, Government Pleader (02)
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 19-02-2026 Heard Mr. Sheonandan Prasad Singh, Sr. Advocate
along with Mr. Kumar Sameer, learned counsel appearing on
behalf of the petitioner and Mr. Prashant Pratap, learned GP 2
for the State.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought inter alia following relief(s), which is
reproduced hereinafter:-
“That this application is being filed for
issuance of appropriate writ order or direction to
Patna High Court CWJC No.2737 of 2026(2) dt.19-02-2026
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respondents to pay the compensation of the land
described in paragraph no.3 of the petition to the
petitioner according to the provisions of Right to
Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act,
2013 with statutory interest upon the same till date
of actual payment.”
3. Mr. Sheonandan Prasad Singh, learned Senior
Advocate along with Mr. Kumar Sameer, learned counsel
appearing on behalf of the petitioner submitted that the present
writ petition has been filed for making payment of due
compensation as per the award prepared in Prapatra IV [notice
issued under Section 37(2) of the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 30 of 2013].
4. Learned counsel further submitted that despite the
award having been duly prepared and the amount of
compensation having been communicated, the Land Acquisition
Officer, for the reasons best known to him, is not making
payment of the compensation amount to the petitioner so
determined, calling for interference of this Court.
5. Per contra, Mr. Prashant Pratap, learned GP-2
appearing on behalf of the State submitted that the petitioner has
sought to invoke the writ jurisdiction of this Hon’ble Court
without establishing any grounds warranting interference. He
submitted that in absence the petitioner having made his claim
Patna High Court CWJC No.2737 of 2026(2) dt.19-02-2026
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before the Land Acquisition Officer in the duly filled requisite
form, no action could be taken. Learned counsel also submitted
that the Land Acquisition Officer, Kishanganj is duty bound to
act, in accordance with the provisions of the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013, in case, the
petitioner approaches the Land Acquisition Officer along with
the duly filled requisite form in support of his claim to receive
the amount of compensation.
6. Heard the parties.
7. Having considered the rival submissions made on
behalf of the parties and in view of the admitted fact that the
State has not disputed the amount of the compensation
contained in Prapatra IV [notice issued under Section 37(2) of
the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 30 of 2013] to
the petitioner.
8. The District Land Acquisition Officer is directed to
extend full cooperation and provide all requisite statutory forms
to the petitioner so that the petitioner is not deprived of the
admitted compensation amount for which notice was issued in
the year 2023 forthwith.
Patna High Court CWJC No.2737 of 2026(2) dt.19-02-2026
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9. With the above observation/direction, the present
writ petition stands disposed of.
(Purnendu Singh, J)
chn/-
U .
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