Patna High Court
Pujya Narayan MahaldarversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the pending 20% compensation had not been released and, rather than issuing a mandamus, directed the matter to be disposed of by the Collector, Bhagalpur.
Summary
The petitioner, Pujya Narayan Mahaldar, filed a writ petition seeking a mandamus directing the State of Bihar and its officials to release the remaining 20% compensation due under Panchayat No. 67 for land acquired for the Pirpainti Thermal Power Project. He contended that the compensation should be paid only to him and his four brothers, not to his sister Meera Devi, who he claimed had no entitlement under Hindu law. The petition also sought a declaration that the sister was not a rightful claimant and asked for the disposal of an objection filed on 30‑01‑2016 with the District Land Acquisition Officer. The Court noted that 80% of the award had already been paid in 2014, but the remaining 20% was still unpaid and there was no laches on the petitioners’ part. Instead of granting mandamus, the Court directed that the matter be referred to the Collector, Bhagalpur, for final disposal and ordered that the pending amount be released within four weeks, with interest applicable for any further delay. Consequently, the writ petition was disposed with these observations.
Issues considered
- Whether the petitioner and his brothers are the only persons entitled to the remaining 20% compensation under Panchayat No. 67.
- Whether the sister, Meera Devi, has any legal right to the compensation under Hindu law.
- Whether a writ of mandamus can be issued to compel payment of the pending compensation.
- Whether the objection filed with the District Land Acquisition Officer should be disposed of by the authorities.
Subjects
- land acquisition
- compensation
- mandamus
- writ petition
- Hindu law
- interest
- collector
- Panchayat
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4703 of 2016
======================================================
Pujya Narayan Mahaldar Son of Late Mahgu Mahaldar Resident of Village
and Post - Pirpainti Bazar, P.S. - Pirpainti, District - Bhagalpur.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The District Magistrate cum Collector, Bhagalpur.
3. The District Land Acquisition Officer, Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Shekhar Sharma, Advocate
Mr. Dhirendra Nath Jha, Advocate
For the Respondent/s : Mr.Sunil Kumar Mandal, SC-3
Md. Arjun Prasad, AC to SC-3
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 09-02-2026 Heard Dhirendra Nath Jha, learned counsel for the
petitioner and the State.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of writ in the nature of
mandamus commanding and directing the
respondents, to pay the rest due
compensation amount of 20% in Panchat
No. 67 prepared In Case no 26/2010-11 of
the lands which was acquired by the
government for the purpose of Pirpainti
Thermal Power Project only to the petitioner
Patna High Court CWJC No.4703 of 2016(3) dt.09-02-2026
2/4
and his 4 brothers and not to pay his sister
namely Meera Devi who is not entitled to
receive the same as per Hindu Law, when the
aforesaid Panchat No 67 prepared in her
name also against which the petitioner and
his other brothers have already filed
objection in terms of provision of Land
Acquisition Act before the District Land
Acquisition Officer, Bhagalpur on
30.01.2016;
(ii) for holding and declaration that
petitioner and his A brothers are only
entitled to get the amount of compensation in
terms of Panchat no 67 prepared in terms of
Case No 26/2011-12 against which 80%
amount have already been paid to the
petitioner and his 4 brother and also to his
sister who was not entitled to receive the
same but the respondents have wrongly
prepared the Panchat and paid the amount
to her also;
(iii) to direct the respondents to dispose of
Patna High Court CWJC No.4703 of 2016(3) dt.09-02-2026
3/4
the objection filed by the petitioner and his
brothers before District Land Acquisition
Officer, Bhagalpur on 30.1.2016 as
contained in Annexure to this petition;
(iv) and/or pass such other order or orders
as deem fit and proper in the interest of
justice..
3. The matter relates to a land (khata no. 215, kheshra
no. 1604-0.48 acres and khata no. 432, kheshra no. 1605
measuring 0.22 acres under Anchal Pirpainti, Circle Office in
the district of Bhagalpur).
4. Learned counsel for the petitioners has taken this
Court to the Annexure-3 to show that 80% of the Award amount
was paid to the brothers/sisters way back in the year 2014 but
20% has still not been released. On query, whether the same is
the latest position, the answer is in affirmative.
6. Learned State counsel has served the copy of the
present petition in the year 2016 submits that he shall be seeking
instruction on the matter. The case has seen the light of the day
ten years later and the State respondent failed to file any reply.
Instead of granting time after imposing cost, it would be
appropriate that the matter is sent to the Collector, Bhagalpur
Patna High Court CWJC No.4703 of 2016(3) dt.09-02-2026
4/4
where the petitioners shall file their respective applications
alongwith the present order and he/she shall be taking the matter
to its logical conclusion after noticing/hearing all the parties.
7. If the contention of the petitioner is/are true and the
payment has not been made and there is no impediment in
releasing the amount, the same has to be released within a
period of four weeks from which the Collector, Bhagalpur takes
decision.
8. Failure to do so, the claimants shall be entitled to
statutory interest on the amount.
9. It is reiterated that the aforesaid order has been
passed under the belief and on instruction of the learned counsel
for the petitioner that the 20% amount has still not been paid
and there is no laches on their parts.
10. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
Ravi/-
U
Checking your session…