Patna High Court
Mohammad JamilversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the petitioner may answer the notice and the competent authority is duty‑bound to take the matter to its logical conclusion.
Summary
The petitioner, Mohammad Jamil, filed a writ petition challenging an order dated 06-12-2025 that directed the Additional Land Acquisition Officer to initiate payment of compensation for land acquired for the construction of National Highway‑139W. He also sought to quash a subsequent notice (Memo No. 3034 dated 13-12-2025) requiring him and other named persons to appear before the District Land Acquisition Officer with supporting documents. The State counsel argued that appearance of the named persons would allow the authority to conclude the matter. The Court allowed the petitioner to respond to the notice and directed the competent authority to take the matter to its logical conclusion, without setting aside the compensation order. Consequently, the writ petition was disposed with the observation that the petitioner may answer the notice and the authority must proceed accordingly.
Issues considered
- Whether the order directing payment of compensation for land acquired for a national highway can be set aside.
- Whether the notice (Memo No. 3034/2025) directing the petitioner to appear before the acquisition officer can be quashed.
- Whether the petitioner is obligated to appear before the authority for compensation proceedings.
Subjects
- Land acquisition
- Compensation
- National Highway 139W
- Writ petition
- Setting aside order
- Quashing notice
- District Land Acquisition Officer
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3735 of 2026
======================================================
Mohammad Jamil S/o Late Mohammad Nijamuddin, Resident of Village-
Brahmpura, P.O.- Bakhra, P.S.- Saraiya, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the District Collector, Muzaffarpur.
2. The District Collector, Muzaffarpur.
3. The Competent Authority cum District Land Acquisition Officer,
Muzaffarpur.
4. The Additional Land Acquisition Officer, Muzaffarpur.
5. Md. Ahmad Hussain, S/o Late Md. Sakir, R/o Village- Deoriya, P.S.-
Deoriya, District- Muzaffarpur.
6. Adam Hussain @ Adam Ali, S/o Late Md. Sakir, R/o Village- Deoriya, P.S.-
Deoriya, District- Muzaffarpur.
7. Md. Yakub @ Yakub Ali, S/o Late Md. Sakir, R/o Village- Deoriya, P.S.-
Deoriya, District- Muzaffarpur.
8. Sabujan, W/o Md. Rafiq, D/o Late Md. Sakir, R/o Village- Deoriya, P.S.-
Deoriya, District- Muzaffarpur.
9. Rabujan, W/o Md. Sikandar, D/o Late Md. Sakir, Resident of Village-
Tirkauliya, P.S.- Saraiya, District- Muzaffarpur.
10. Sayara Khatoon, W/o Md. Mahmood, D/o Late Md. Sakir, Resident of
Village- Gijas, P.S.- Motipur, District- Muzaffarpur.
11. Md. Jahid, S/o Late Md. Salim, R/o Village- Deoriya, P.S.- Deoriya, District-
Muzaffarpur.
12. Md. Jahur, S/o Late Md. Salim, R/o Village- Deoriya, P.S.- Deoriya,
District- Muzaffarpur.
13. Md. Jabir, S/o Late Md. Salim, R/o Village- Deoriya, P.S.- Deoriya, District-
Muzaffarpur.
14. Sajra, W/o Md. Rahmat Ali, D/o Late Md. Salim, R/o Village- Belkathi,
Jagdishpur, P.S.- Deoriya, District Muzaffarpur.
15. Bibi Hajra, W/o Md. Anwar Ali, D/o Late Md. Salim, R/o Village- Bara
Khursida, P.S.- Sahebganj, District- Muzaffarpur.
16. Bibi Baua, W/o Md. Naushad, D/o Late Md. Salim, R/o Village- Motipur,
P.S.- Motipur, District- Muzaffarpur.
17. Akhtar Ali, S/o Md. Sarif, R/o Village- Deoriya, P.S.- Deoriya, District-
Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhurendra Kumar, Advocate
For the Respondent/s : Mr.Government Pleader (27)
Patna High Court CWJC No.3735 of 2026(2) dt.24-03-2026
2/4
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 24-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for setting aside the order dated
06.12.2025 passed by District Land
Acquisition Officer, Muzaffarpur
(Respondent No. 3) in Case No. 09/24 by
which he directed the Additional Land
Acquisition Officer, Muzaffarpur
(Respondent No.4) to take Initiative for
payment of compensation of land of Khata
No.-2747, Kheara No. 16117, Acquired aren
0.7689195 Hectare of Mauza Deoriya,
Thana No.-133, Anchal- Paroo, District-
Muzafarpor doly Bequired by NHAT for
construction of N.1-130W (Manikpur
Sahebganj);
(ii) for quashing the subsequent notice
contained in Memo No. 3034/ Hkq vtZu dated
13.12.25 in LA. Cane No. 01/2020-21 issued
under the signature of competent authority
Patna High Court CWJC No.3735 of 2026(2) dt.24-03-2026
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cum District Land Acquisition Officer,
Muzaffarpur by which he directed the parties
concerned to appear before the District
Land Acquisition Officer, Muzaffarpur with
relevant documents so that payment of
compensation could be made;
(iii) for any other relief(s) for which the
petitioner is found to be entitled in the facts
and circumstances of the case.
3. A notice has been issued by the office of the
Collector, Muzaffarpur in Land Acquisition Case No. 01 of
2020-21 relating to National Highway-139W Manikpur,
Sahebganj for lane road construction. The said memo no. 3034
dated 13.12.2025 has been issued by the competent authority
cum District Land Acquisition Officer, Muzaffarpur.
4. Amongst other the name of the petitioner is there,
and request has been made to appear alongwith all the
supporting documents to lay claim/receive compensation.
5. After some argument, learned counsel for the
petitioner submits that he shall be replying to the said
notice/appearing before the authority concerned.
6. Learned State counsel submits that if he/the other
Patna High Court CWJC No.3735 of 2026(2) dt.24-03-2026
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named persons appear, the authority shall be taking the matter to
its logical conclusion.
7. In that background, the writ petition is disposed of
allowing the petitioner to answer to the notice vide memo no.
3034 dated 13.12.2026(Annexure-6 to the petition) and the
competent authority shall be duty bound to take the matter to its
logical conclusion.
8. The writ petition stands disposed of with the
aforesaid observation.
(Rajiv Roy, J)
Ravi/-
U
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