Patna High Court
Paritosh Chand Das @ Pritosh Chand DasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court directed the District Land Acquisition Officer to cooperate and provide all requisite statutory forms so that the petitioner can receive the admitted compensation amount.
Summary
Paritosh Chand 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. An award (Prapatra IV) had been issued under Section 37(2) of the Act, but the District Land Acquisition Officer had not released the amount. The State argued that the petitioner must first approach the officer with the requisite statutory form and that there were no grounds for court interference. The High Court noted that the State did not dispute the quantum of compensation and that the officer was duty‑bound to act. Consequently, the Court directed the District Land Acquisition Officer to provide all necessary statutory forms and to ensure prompt payment of the admitted compensation. The writ petition was thereafter disposed.
Issues considered
- Whether the High Court can intervene to direct payment of compensation when an award under the RFCTLARR Act has been prepared but not disbursed.
- Whether the petitioner must first approach the District Land Acquisition Officer with the requisite form before invoking writ jurisdiction.
Legislation cited
Subjects
- land acquisition
- compensation
- writ petition
- RFCTLARR Act
- Section 37(2)
- district land acquisition officer
- court intervention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2742 of 2026
======================================================
Paritosh Chand Das @ Pritosh Chand Das S/o Late Suresh Chandra Das, R/o
Vill.-Singhari Colony, near Rampur Chowk, Ward No. 21, P.S.-Kishanganj,
District-Kishanganj.
... ... 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 Reform and Revenue Dept., Government
of Bihar, Patna.
3. Collector, Kishanganj.
4. Appopriate 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 : Government Pleader (03)
======================================================
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.2742 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, learned GP-3 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 before the Land
Patna High Court CWJC No.2742 of 2026(2) dt.19-02-2026
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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.2742 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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