Patna High Court
Mukund GargversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court directed the District Land Acquisition Officer to implement the Divisional Commissioner’s order and recover the compensation wrongly paid to the private respondent.
Summary
The petitioner, Mukund Garg, claimed that compensation for a 7-decimal land parcel in Darbhanga was wrongly paid to his cousin, the private respondent, based on a fraudulent Land Purchase Certificate. He filed a writ petition seeking cancellation of the LPC, recovery of the Rs. 29,35,385 compensation with interest, and directions against the revenue officials. The Divisional Commissioner had earlier ordered an enquiry and recovery of the amount, but the petitioner alleged non‑compliance by the District Land Acquisition Officer. The High Court, after hearing both sides, observed that the compensation had been illegally disbursed and that the petitioner had to invoke writ jurisdiction to enforce the earlier order. With the parties’ consent, the Court disposed of the petition, directing the District Land Acquisition Officer to immediately implement the Divisional Commissioner’s memo dated 28‑02‑2026 and recover the amount in favour of the petitioner, to be completed by year‑end.
Issues considered
- Whether the District Land Acquisition Officer must comply with the Divisional Commissioner’s order to recover compensation paid erroneously.
- Whether the writ petition can compel cancellation of the Land Purchase Certificate issued to the private respondent.
- Whether the petitioner is entitled to recovery of compensation with statutory interest.
Subjects
- Land Acquisition
- Compensation Recovery
- Writ Jurisdiction
- Illegal Payment
- Public Grievance Redressal
- District Land Acquisition Officer
- Cancellation of LPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5837 of 2026
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Mukund Garg Son of Jagdish Jha, Resident of Village- Ranipur, P.S.- Sadar,
District- Darbhanga. At present- Resident of mohalla- Sainik Colony, Sector
49, P.O.- Faridabad Nit, P.S.- Faridabad, District- New Delhi.
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Department of Revenue
and Land Reforms, Government of Bihar, Patna.
2. The Principal Secretary, Department of Revenue and Land Reforms,
Government of Bihar, Patna.
3. The Divisional Commissioner, Darbhanga Division, District- Darbhanga.
4. The Collector cum District Magistrate, District- Darbhanga.
5. The District Land Acquisition Officer, District- Darbhanga.
6. The Circle Officer, Block- Sadar, District- Darbhanga.
7. Devki Nandan Mishra, Son of Late Hemnarayan Mishra, Resident of
Village- Muraitha, P.O.- Kamtoul, P.S.- Jalley, District- Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prasoon Kumar, Adv.
For the Respondent/s : Mr. Ajay Behari Sinha, GA-8
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 04-05-2026 Heard Mr. Pramod Mishra, learned counsel for the
petitioner and Mr. Ajay Behari Sinha, learned GA-8.
2. The present application has been preferred for the
following relief(s):
I. For issuance of writ/ writs,
order/ orders, direction/ directions
commanding and directing upon the
Respondents concerned to take effective
steps for cancellations of the L.P.C. of the
private respondent in view of the order/
Patna High Court CWJC No.5837 of 2026(2) dt.04-05-2026
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direction passed by the learned District
Public Grievance Redressal authority
regarding which the petitioner has filled
specific representation dated 04/08/2025
which is still pending before the respondents
authorities.
II. For a further direction upon the
Respondent Land Acquisition officer,
Darbhanga to take effective steps for
recovery of compensation amount of Rs. 29,
35, 385/- (Twenty nine Lakhs Thirty Five
thousand three hundred eighty five rupees)
along with statutory interests which has been
illegally been granted and on the basis of
fraudulent L.P.C. issued by the Respondent
Circle Officer, Sadar Darbhanga who
without verifying the documentary evidence
regarding having legal rights over the land
in questioned and also ignoring the valid
claim of the Bona- fide share holder of the
land the entire amount of compensation has
illegally been paid to private respondent
despite the fact that the present petitioner
has represented his claims several times but
no action has been taken by the respondents
concerned which is highly illegal and
arbitrary in the eye of law.
III. And/or for any other relief or
reliefs which the present petitioner is found
entitled in the facts and circumstances of this
Patna High Court CWJC No.5837 of 2026(2) dt.04-05-2026
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case.
3. The matter relates to a piece of land as recorded in
paragraph 4 and read as follows:
Mauza Belladulla, Thana no. -
513, Khesra no. - 873 and 874, Anchal +
P.S. - Sadar, District - Darbhanga in total
area of 07 decimal.
4. Learned counsel for the petitioner submits that it
belonged to him, the cousin brother (respondent no. 7) illegally
took the compensation amount.
5. The matter traveled up to the office of the
Divisional Commissioner, Darbhanga Division, Darbhanga
when order came to be passed as informed by memo no. 276
dated 28.02.2026 (Annexure-P/6 to the petition) in which it has
been taken note of that a certificate case has been preferred
before the District Certificate Officer, Darbhanga;
6. In that background, it was directed that:
(i) the District Land Acquisition Officer,
Darbhanga shall be conducting an enquiry and;
(ii) ensure that the amount is realized
from the person to whom the compensation amount
has been wrongly paid and further it should be
cleared in favour of the petitioner.
7. This Court has also taken note of the order passed
by the District Public Grievance Redressal Officer wherein
Patna High Court CWJC No.5837 of 2026(2) dt.04-05-2026
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having taken note of the illegal payment made to the concerned
brother of the petitioner, direction was given to take appropriate
steps against the Revenue Officials.
8. Learned State Counsel submits that the District
Land Acquisition Officer, Darbhanga shall be following the
dictates of the Divisional Commissioner, Darbhanga Division,
Darbhanga in its letter and spirit.
9. Having heard the parties and after perusal of the
record, this Court observes that it is unfortunate that for a piece
of land for which the petitioner was entitled to the
compensation, it was paid to a wrong person, Worst, when the
petitioner is agitating the matter, despite an order passed by
none-else than the Divisional Commissioner, Darbhanga
Division, Darbhanga, the petitioner had to invoke the writ
jurisdiction to ensure that the order stands complied.
10. In that background, with the consent of the parties,
the writ petition is disposed of directing the respondent no 5, the
District Land Acquisition Officer, Darbhanga to immediately
take steps and ensure that the order of the Divisional
Commissioner as contained in memo no. 276 dated 28.02.2026
is complied in its letter and spirit in accordance with law.
11. It is expected that the entire process shall be
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completed by the end of this year if the petitioner prefers fresh
representation in next four weeks.
(Rajiv Roy, J)
Vijay Singh/-
U
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