Patna High Court
Krishna RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court did not grant the writ of mandamus but ordered the Certificate Officer to finalize the pending certificate case within six months, thereby disposing of the petition.
Summary
Krishna Ray filed a writ petition seeking a mandamus directing the State of Bihar and related officials to pay the balance compensation of 0.2 decimals for his land acquired for the Buddha Samyak Darshan Museum and Smriti Stupa, and to award interest for the delay. The petitioner alleged that while compensation for four decimals was paid to him, the remaining amount was improperly paid to the Mahto brothers, who were listed as owners in the revenue records. The State respondents submitted a counter‑affidavit stating that the payment for the two decimals was made to the Mahto brothers and that recovery proceedings were underway. The Court examined the certificate case (No. 01 of 2018‑19) concerning the disputed 0.2 decimals and noted that steps had been taken but the matter remained pending. Consequently, the Court directed the Certificate Officer to conclude the certificate case within six months of receiving the order and disposed of the writ petition without granting the specific reliefs sought.
Issues considered
- Whether the State authorities are liable to pay the remaining compensation of 0.2 decimals to the petitioner.
- Whether interest is payable for the delay in payment of compensation.
- Whether a writ of mandamus can be issued directing payment of the balance compensation.
Subjects
- land acquisition
- compensation
- mandamus
- interest
- certificate case
- writ petition
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7505 of 2025
======================================================
Krishna Ray Son of Bhikari Ray, Resident of Village- Vaishali, P.S- Vaishali,
District- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary, Land Reform and Revenue
Department, Bihar, Patna.
2. The Collector-cum-District Magistrate, Vaishali.
3. The District Land Acquisition Officer, Vaishali.
4. The Circle Officer, Vaishali.
5. Madan Mahto Son of Late Sivdutt Mahto, Resident of Village- Vaishali, P.S-
Vaishali, District- Vaishali.
6. Virendra Mahto Son of Late Sivdutt Mahto, Resident of Village- Vaishali,
P.S- Vaishali, District- Vaishali.
7. Suredra Mahto Son of Late Sivdutt Mahto, Resident of Village- Vaishali,
P.S- Vaishali, District- Vaishali.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akshay Tripathi, Advocate
For the Respondent/s : Mr.Madhav Pd. Yadav, GP-23
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 17-03-2026 Heard Mr.Akshay Tripathi, learned counsel for the
petitioner and the State.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of an appropriate writ, in the
nature of Mandamus for directing the
respondent authorities immediately to pay
the petitioner the rest amount of
compensation for the land of the petitioner
Patna High Court CWJC No.7505 of 2025(2) dt.17-03-2026
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measuring 02 Decimals pertaining to
Mouza- Harpur Bsasant, Thana No.-46,
Khata No.- 02, Khesra No. 361, District-
Vaishali which was/has been acquired by the
respondents along with other lands for
construction of the "Buddha Samyak
Darshan Museum and Smriti Stup";
(ii) for issuance of an appropriate writ
directing and commanding the respondents
to pay the petitioner interest for the period
the amount of compensation has not been
paid or is not paid to the petitioner;
(iii) any other writ/writs, order/orders or
direction/directions as the facts and
circumstances of the case may require and
deemed fit by this Hon'ble Court may also be
issued.
3. The matter relates to mauza-Harpur Bsasant, khata
no. 02, kheshra no. 361 (area 6 decimals) under circle and
district-Vaishali. It was taken over/acquired for the construction
of "Buddha Samyak Darshan Museum and Smriti Stupa".
4. The contention is that though compensation was
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granted only for four decimals, out of 06 decimals and for the
rest 0.2 decimals, he is running from pillar to post forcing him
to file present petition. Though, he acknowledges in paragraph-
15 that the State respondents have taken steps against the
respondent nos. 05 to 07 who have wrongly benefited so far as
0.2 decimals is concerned vide Certificate Case No. 01 of 2018-
19.
5. A counter affidavit has come on behalf of the State
respondent nos. 2, 3 and 5 duly signed by the District Land
Acquisition Officer, Vaishali and the contention is that in para-
4(iv) is/are that though payment for four decimals land was
made to the petitioner. The report submitted by the revenue
authorities show that since the register recorded the names of
Madan Mahto, Surendra Mahto and Birendra Mahto, the
payment for two decimals was made to them. It further records
that process of recovery of the money is going on.
6. Having heard the parties and perusing the records,
this Court has taken note of the fact that against the payment of .
02 decimals land of the petitioner, the authorities have taken
proper steps and in continuation of that, the Certificate Case No.
01 of 2018-19 has been preferred.
7. In that background, direction is given to the
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Certificate Officer, Vaishali to take steps and ensure that the
Certificate Case No. 01 of 2018-19 is taken to its logical
conclusion, if still not concluded within the period of six months
from the date the copy of the order is received in his/her office.
8.With the aforesaid direction, the writ petition is
disposed of.
(Rajiv Roy, J)
Ravi/-
U
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