Patna High Court
Kumkum DeviversusThe Union of India
- Decided
- Disposal
- DISMISSED
- Bench
- RAJIV ROY
Holding
The petition is dismissed as the petitioner failed to establish that the Railways had effected acquisition of the land, and factual disputes are not within the jurisdiction of a writ petition.
Summary
Kumkum Devi, claiming ownership of a 7.50‑decimal land parcel in Bhojpur purchased in 2006, alleged that Indian Railways had taken possession of her land without compensation and sought a writ directing payment of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, including interest and damages for crop loss. The petitioner relied on a letter from the Circle Officer stating that an 1874 railway map did not show any khata/khesra for the land. The Railways contended that no acquisition proceedings had been initiated and that the villagers were attempting to usurp railway property, citing RTI material. The Court held that the petitioner failed to demonstrate that the Railways had effected any acquisition or that her land was subject to the Act, and observed that factual disputes of this nature are not suitable for resolution in a writ petition. Consequently, the petition was dismissed and the petitioner was directed to approach the appropriate civil or administrative forum for any grievance.
Issues considered
- Whether the petitioner is entitled to compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
- Whether the High Court has jurisdiction to entertain the writ petition for compensation when the factual dispute concerns land acquisition.
- Whether the Railways had lawfully acquired the land in question.
Legislation cited
Subjects
- land acquisition
- compensation
- writ jurisdiction
- Right to Fair Compensation Act
- Indian Railways
- civil dispute
- factual dispute
- public authority
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4633 of 2026
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Kumkum Devi wife of Sri Anil Kumar Singh, resident of village- Poswan,
P.S. Agion Grahani, District- Bhojpur at present residing at Housing Colony,
Chandwan, Ara, P.S. Nawada Ara, District- Bhojpur.
... ... Petitioner/s
Versus
1. The Union of India through its Secretary, Ministry of Railway, Govt. Of
India, New Delhi.
2. The Secretary, Ministry of Railway, Govt. Of India, New Delhi.
3. The General Manager, Eastern Central Railway Zone, Hajipur, Vaishali,
Bihar.
4. The Divisional Railway Manager, Danapur Mandal, Eastern Central
Railway, Danapur, Patna.
5. The Senior Divisional Personnel Officer Cum Public Information Officer,
East Central Railway, Danapur
6. The Senior Divisional Engineer, Co- Ordinance, Danapur Mandal, Eastern
Central Railway, Danapur, Patna.
7. The Divisional Engineer Line, Danapur Mandal, Eastern Central Railway,
Danapur, Patna.
8. The Assistant Engineer Line, Danapur Mandal, Eastern Central Railway,
Danapur, Patna.
9. The Inspector of Work, Engineering Branch, Eastern Central Railway,
Danapur Mandal, Branch Ara, District-Bhojpur.
10. The District Collector, Bhojpur, Ara.
11. The District Land Acquisition Officer, Bhojpur, Ara.
12. The Circle Officer, Udwant Nagar, Bhojpur, Ara.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivam Aniket, Advocate
For the Respondent/s : Mr. Additional Solicitor General
For the Resp. No. 2 : Mr. Rabindra Kumar Priyadarshi, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 18-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
Patna High Court CWJC No.4633 of 2026(2) dt.18-04-2026
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“for issuance of appropriate writ, Rule
or Direction to the respondent authorities
particularly to respondent no. 1 to 9 to make
payment of the compensation amount on the basis
of present Market Value on the date of payment of
compensation amount in pursuance to provisions
of The Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation
and Resettlement Act 2013" along with statutory
interest to the petitioner as the land of the
petitioner has been taken in possession by the
authorities without informing the petitioner or
without completing the process of acquisition, as
no amount of compensation has been paid by the
respondent, and the said writ is also for issuance of
direction to the respondent authorities to make
payment of compensation to the petitioner for
damage of the crops standing upon the land at the
time of taking possession in the month of October
2015 and this writ application is also for grant of
relief or reliefs as the petitioner is found entitled.”
3. The matter relates to Khata No. 402 (Old Khata No.
Patna High Court CWJC No.4633 of 2026(2) dt.18-04-2026
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195) Khesara No. 88 (Old Khesara No. 74) (Area 7.50
decimals) in the Mauza-Bhelai, District-Bhojpur. The petitioner
claims to have purchased the land from one Kameshwar Singh
(not been made party-respondent in the present case) in the year
2006 and fourteen years later, rent receipt has been provided to
show that she is having possession over the land. The grievance
is that the Indian Railways have grabbed the land and the pillars
have come up but no compensation paid.
4. The Circle Officer, Udwantnagar on the objection
preferred by the villagers informed vide letter no. 414 dated
06.03.2025 to the District Land Acquisition Officer, Bhojpur at
Ara in which it has been recorded that though the Railways
claimed the land to be their, the 1874 Railways map do not have
any khata/khesra.
5. The petitioner submits that on the basis of said
letter issued by the Circle Officer, Udwantnagar, a case is made
out in her favour and accordingly, appropriate order be passed.
6. The Indian Railways is represented by Mr.
Rabindra Kumar Priyadarshi and the State is also present. Their
joint submission is that the petitioner has approached this Court
without any document to show that Indian Railways, at any
point of time, has moved forward for the acquisition of the land
Patna High Court CWJC No.4633 of 2026(2) dt.18-04-2026
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in question. In fact, the Railways have complained that some of
the villagers are trying to usurp the Railways property. The RTI
information which is part of the writ petition also shows the
same.
7. Having heard the parties, in the opinion of the
Court, the petitioner has failed to make out a case showing that
the Railways have come forward and tried to usurp the lands of
the petitioner much less the villagers.
8. If the petitioner/villagers have any grievance and/or
there is any law and order problem, the appropriate remedy is to
move before the Sub Divisional Magistrate of the said area as
also for the civil dispute, before a Competent Civil Court.
9. Such disputed question of fact cannot be decided in
a writ petition.
10. With the aforesaid observation, the writ petition
stands disposed of.
(Rajiv Roy, J)
Adnan/-
U
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