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Patna High Court

Basdeo ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court did not grant the writ but directed the District Magistrate‑cum‑Collector to verify the existence of any land acquisition proceedings and related records.

Summary

The petitioner, Basdeo Chaudhary, filed a writ petition seeking a mandamus directing the State of Bihar and its officials to produce records of a purported land acquisition of his raiyati land (Tauzi No. 3296) and, if no acquisition had been effected, to initiate proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and pay compensation. He also asked that the respondents refrain from taking forceful possession or constructing on the disputed land. The court observed that the petition did not disclose when or how the land was acquired for S.K. Distillery and later transferred to the Bihar Industrial Area Development Authority (BIADA), and noted the absence of supporting acquisition records. Consequently, the court directed the District Magistrate‑cum‑Collector of Gopalganj to call for the relevant revenue records and verify whether any acquisition proceeding had been initiated. With these directions, the writ petition was disposed without granting the reliefs sought.

Issues considered

  • Whether the State of Bihar acquired the petitioner’s land for S.K. Distillery and subsequently transferred it to BIADA without complying with the RFCTLARR Act, 2013.
  • Whether the petitioner is entitled to compensation for the alleged acquisition of his raiyati land.
  • Whether the respondents can lawfully take possession or construct on the disputed land pending verification of acquisition records.

Subjects

  • land acquisition
  • mandamus
  • compensation
  • RFCTLARR Act 2013
  • revenue records
  • possession
  • Bihar
  • writ petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2782 of 2026
                 ======================================================
                 Basdeo Chaudhary son of Shiv Lal Chaudhary, Resident of village- Hakim
                 Tola, Sauren, District-Gopalganj, Pin Code-841438.

                                                                         ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through Additional Chief Secretary Revenue and Land
                 Reforms Department Govt. of Bihar, Patna.
           2.    The Additional Chief Secretary Revenue and Land Reforms Department,
                 Govt. of Bihar, Patna.
           3.    The District Magistrate-Cum-Collector, Gopalganj.
           4.    The Additional Collector, Gopalganj.
           5.    The Deputy Collector, Land Reforms, Hathwa, Dist- Gopalganj.
           6.    The Circle Officer, Bihta, Hathwa, District- Gopalganj.
           7.    The Secretary, Department of Industry, Govt. of Bihar, Patna.
           8.    The Managing Director, Bihar Industrial Area Development Authority
                 (BIADA), Bihar, Patna.
           9.    The Executive Director, Bihar Industrial Area Development Authority
                 (BIADA), Gopalganj.
           10. The Development Officer, Bihar Industrial Area Development Authority
               (BIADA), Gopalganj.
           11. The Managing Director, Bihar State Sugar Mill Corporation, Patna.

                                                           ... ... 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 Sugar Corporation :      Mr.Gyan Shankar, Advocate
                                              Ms.Ankita Roy, Advocate
                 For BIADA              :     Mr.Vagisha Pragya, Advocate
                 For the Respondent/s   :     Mr.Amit Bhushan, AC to GP 17
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   27-02-2026                   Heard Mr. Ranjan Kumar Dubey along with Mr.

                   Kumar Gaurav, Mr. Sheshadri Kumari                  and Mr. Shashank

                   Kashyap, learned counsels for the petitioner; Mr. Gyan Shankar

                   along with Ms. Ankita Roy, learned counsels for the Sugar
Patna High Court CWJC No.2782 of 2026(2) dt.27-02-2026
                                            2/4




          Corporation;       Ms. Vagisha Pragya, learned counsel for the

          BIADA and Mr. Amit Bhushan, learned AC to GP 17 for the

          State.

                      2. The petitioner in paragraph no. 1 of the present writ

          petition has sought inter alia following relief(s), which is repro-

          duced hereinafter:-

                                          “(i) For issuance of a writ in the na-
                               ture of Mandamus directing the respondents to
                               produce records of so called land acquisition
                               case, in which land of petitioner has been ac-
                               quired and if not so then they may be directed
                               to initiate land acquisition proceeding under
                               Right to Fair Compensation and Transparency
                               in Land Acquisition, Rehabilitation and Reset-
                               tlement Act, 2013 for acquisition of the dis-
                               puted land and and to pay adequate compen-
                               sation to petitioners for their raiyati lands
                               bearing Tauzi No. 3296, Thana No. 1060,
                               Khata No. 135/174, Plot No. 332, having its
                               area 9 Katha 7½ Dhur, situated at Mauza
                               Badarjimi, Anchal Hathua, for which Jama-
                               bandi No. 202 running in the name of the peti-
                               tioner.
                                          (ii) For issuance of writ in the nature
                               of Mandamus directing the respondents, partic-
                               ularly respondents second set, to not take
                               forceful possession, or making any type of con-
                               struction over the raiyati/purchased land of pe-
                               titioner bearing Tauzi No. 3296, Thana No.
                               1060, Khata No. 135/174, Plot No. 332, having
                               its area 9 Katha 7½ Dhurs, situated at Mauza
                               Badarjimi, Anchal Hathua, for which Jama-
                               bandi No. 202 is running in the name of the pe-
                               titioner.
                                          (iii) For      any other writ/writs,
                               order/orders for which petitioners deem enti-
                               tled to”
Patna High Court CWJC No.2782 of 2026(2) dt.27-02-2026
                                            3/4




                      3. Considering the reliefs as prayed for in the present

          writ petition, as well as, the pleadings supported by the

          documents brought on record, the petitioner claims title and

          ownership over the land appertaining to Tauzi No. 3296, Thana

          No. 1060, Khata No. 135/174, Plot No. 332, total area

          measuring 9 Kathas and 7½ Dhurs, situated at Mauza Badarjim,

          Anchal Hathua, Jamabandi No. 202.

                      4. From the averments made in the writ petition, it can

          not be ascertained, as to, when the aforesaid land was acquired

          by the State Government for S.K. Distillery, which has

          subsequently gone in the possession of BIADA pursuant to a

          lawful order of transfer by the State Government. It further

          appears from paragraph No. 13 of the writ petition that the land

          has allegedly been mutated in favour of BIADA without

          reference to any supporting acquisition records.

                      5. In such circumstances, the petitioner, if so advised,

          may avail appropriate remedy before the District Magistrate-

          cum-Collector, Gopalganj.

                      6. The District Magistrate-cum-Collector, Gopalganj,

          is directed to call for the relevant revenue records and the

          concerned revenue officer in respect of the land as described in

          the writ petition to verify, whether any acquisition proceeding
        Patna High Court CWJC No.2782 of 2026(2) dt.27-02-2026
                                                    4/4




                  was initiated in respect of the piece of land, which the petitioner

                  claims belong to him and he is entitled for compensation.

                              7. With the above observation/direction, the present

                  writ petition stands disposed of.



                                            (Purnendu Singh, J)
chn/-

U


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