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Patna High Court

Krishna RayversusThe State of Bihar

Decided
Disposal
DISPOSED

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
Patna High Court CWJC No.7505 of 2025(2) dt.17-03-2026
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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
         Patna High Court CWJC No.7505 of 2025(2) dt.17-03-2026
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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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