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Patna High Court

Mukund GargversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                 ======================================================
                 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
           Patna High Court CWJC No.5837 of 2026(2) dt.04-05-2026
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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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