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Patna High Court

Ram Kumar ThakurversusThe State of Bihar

Decided
Disposal
DISPOSED

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
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                             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
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                                  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


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