Patna High Court
Ram Kumar ThakurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court directed the Collector to issue notices to the revenue authorities and the Nigam and to decide on the petitioner’s compensation within six months, thereby ordering the respondents to comply with due process.
Summary
The petitioner, Ram Kumar Thakur, filed a writ petition seeking compensation for his 59-decimal raiyati land that was used for constructing a bridge under the Mukhyamantri Setu Nirmal Yojana without proper acquisition or payment. He relied on an Anchal Amin report and a letter from the Project Engineer of Bihar Raj Pul Nirman Nigam Limited to show that his land had been occupied. The State and the Nigam contended that the matter would be taken up and resolved, but no compensation had been paid for over fifteen years. The Court expressed concern that public funds were spent on a project on private land without due process and directed the Collector of Darbhanga to issue notices to the revenue authorities, the Nigam, and the petitioner. The Court further ordered that a decision on compensation, including interest, be made within six months of the petitioner’s representation, which must be filed within four weeks, and disposed of the petition with these observations.
Issues considered
- Is the petitioner entitled to compensation and interest for land used in a public bridge project without proper acquisition?
- Can the Court issue a writ of mandamus directing the respondents to determine and pay compensation?
- Did the respondents fail to follow due process under land acquisition statutes in acquiring the petitioner’s raiyati land?
Subjects
- land acquisition
- compensation
- public project
- writ of mandamus
- rai yati land
- bridge construction
- revenue law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3933 of 2026
======================================================
Ram Kumar Thakur Son of Mahendra Thakur, Resident of Village and Post-
Yogiyara, Police Station- Fekla, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Government of Bihar, Patna.
2. The Commissioner, Darbhanga Division, Darbhanga.
3. The District Magistrate, Darbhanga.
4. The Circle Officer, Bahadurpur, Darbhanga.
5. The Managing Director, Bihar Raj Pul Nirman Nigam Limited, Bihar, Patna.
6. The Chairman, Bihar Raj Pul Nirman Nigam Limited, Bihar, Patna.
7. Senior Project Engineer, Bihar Rajya Pul Nirman Nigam Limited, Works
Division, Darbhanga.
8. Project Engineer, Bihar Rajya Pul Nirman Nigam Limited, Works Division,
Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
For the State : Mr. Government Advocate (03)
: Mr. Shiv Kumar, AC to GA-3
For the BRPNNL : Mr. P.K. Shahi, Sr. Advocate
: Mr. Sanjiv Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 31-03-2026 Heard Mr. Nilendu Kumar Choudhary, learned
counsel for the petitioner and learned counsel for the State as
also learned counsel representing the Bihar Rajya Pul Nirman
Nigam Limited.
2. The present petition has been preferred for the grant
of following relief(s):
“for issuance of an appropriate writ/writs,
order/orders, direction/directions specially in the
nature of mandamus for directing the respondent
authorities particularly the Respondent No. 7 to
Patna High Court CWJC No.3933 of 2026(2) dt.31-03-2026
2/4
pay the compensation/indemnity for the land of
the petitioner having Khata No. 195(old), Khesra
No. 984(old), Khata No. 186(new), Khesra NO.
797(New) measuring an area of 59 dec. situated
at Mauza Yogiyara, Anchal Bahadurpur, Police
Station- Bahadurpur, District- Darbhanga which
has been utilized in a bridge construction over
Katsari river under Mukhyamanti Setu Nirman
Pariyojna and further to direct the Respondent
authorities to pay the interest for the delay made
from their part as for more than 15 years the
petitioner has been running from pillar to post
for the genuine compensation/indemnity and/or
for any other relief/ reliefs to which the petitioner
may be found entitled to in course of hearing of
the present writ application.”
3. The matter relates to a piece of land as under:
“Khata No. 195(old), Khesra No. 984(old),
Khata No.186(new), Khesra No. 797 (new)
measuring an area of 59 decimal situated at
Mauza-Yogiyara, Anchal-Bahadurpur, Police
Station-Bahadurpur, District-Darbhanga.”
4. Learned counsel for the petitioner submits that
Patna High Court CWJC No.3933 of 2026(2) dt.31-03-2026
3/4
under Mukhyamantri Setu Nirmal Yojana, a bridge was to be
constructed on Katsari River. The contention is is that the
petitioner’s family own the land but without any proper
acquisition/payment of compensation, the bridge already stands
constructed.
5. He has taken this Court to a report of the ‘Anchal
Amin’ dated 15.07.2023 to show that the acknowledgment is
there, so far as the land of the petitioner has been used. He has
further taken this Court to letter no.29 dated 07.06.2024 issued
by the Project Engineer, Bihar Rajya Pul Nirman Nigam Limited
(henceforth for short ‘the Nigam’), Works Division, Darbhanga
to the Circle Officer, Bahadurpur, Darbhanga by which report
was called for but nothing fruitful happened thereafter forcing
him to file present writ petition.
6. Learned counsel for the State as also ‘the Nigam’
submit that the respondent shall be taking up the matter and see
to it that the same is taken to its logical conclusion.
7. In the opinion of the Court, it is surprising that a
place is earmarked for construction of a bridge, without getting
any report whatsoever, if the contention of the petitioner is to be
accepted, permission is accorded, financial sanction given and
bridge constructed. Later, the respondents realize that it has been
constructed on a raiyati land as in the case of the petitioner.
Patna High Court CWJC No.3933 of 2026(2) dt.31-03-2026
4/4
8. It is high time that the respondents ensure that due
process of law is followed and the river is not allowed to flow
backwards. The construction is made through public money and
any adverse direction by the Court can result into loss of public
money and not from an individual.
9. In that background, this Court would expect the
Collector, Darbhanga (respondent no.3) to look into the matter,
issue notice to the revenue authorities, ‘the Nigam’ and the
petitioner and take decision thereafter.
10. Needless to add, if the petitioner/family members
are entitled to compensation, once the decision is taken, the
same be also released without any unnecessary delay. The entire
process is to be completed within a period of six months from
the date, the petitioner submits his representation which he has
to be done in the next four weeks from today.
11. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
Checking your session…