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Patna High Court

Pappu SahversusThe State of Bihar through the Chief Secretary,

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioners must pursue their grievance under Section 64 of the RFCTLARR Act, 2013 (or Section 18 of the Land Acquisition Act, 1894) before the Collector, and therefore the writ application is dismissed.

Summary

The petitioners sought to quash a 2026 order of the District Land Acquisition Officer that allegedly revived a 2002 land acquisition proceeding and to restrain the State from dispossessing their ancestral homes. They argued that no compensation had been paid and that the acquisition had lapsed under Section 11A of the Land Acquisition Act, 1894 and Section 24(2) of the RFCTLARR Act, 2013. The Court examined the procedural history, including earlier SDM and criminal revision orders confirming the petitioners' continued possession, and noted that the DLAO's claim of a published award was unsupported. It held that the writ jurisdiction was inappropriate because the petitioners have a specific statutory remedy under Section 64 of the RFCTLARR Act (or Section 18 of the 1894 Act) to refer the matter to the Collector. Accordingly, the Court disposed of the writ application and directed the petitioners to file an application with the District Magistrate‑cum‑Collector within four weeks.

Issues considered

  • The validity of the 2026 DLAO order reviving the 2002 land acquisition proceeding
  • Whether the acquisition proceedings have lapsed under Section 11A of the Land Acquisition Act, 1894 and Section 24(2) of the RFCTLARR Act, 2013
  • Whether the petitioners are entitled to relief by way of a writ of mandamus or certiorari
  • The appropriate statutory forum for the petitioners to seek redress for non‑payment of compensation

Legislation cited

Subjects

  • land acquisition
  • compensation
  • section 64
  • RFCTLARR Act
  • Section 11A lapse
  • writ of mandamus
  • quashing order
  • right to shelter

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.7688 of 2026
                 ======================================================
           1.     Pappu Sah Son of Late Ramvilas Sah, Resident of Village- Sahdai Buzurg,
                  P.S. Desari, District- Vaishali, Bihar - 844509.
           2.    Anurodh Ray Son of Mahendra Rai, Resident of Village Sahdai Buzurg,
                 Near Kali Mandir, Baluar, P.S.- Desari, District- Vaishali, Bihar 844509.
           3.    Vindeshwar Ray Son of Chandradeep Rai, Resident of Village- Sahdai
                 Buzurg, P.S.- Desari, District- Vaishali, Bihar - 844509.
           4.    Sushil Kumar, Son of Sakal Dev Ray, Resident of Village Sahdai Buzurg,
                 District- Vaishali, Bihar-844509.
                                                                         ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Old
                 Secretariat, Patna, Bihar 800015.
           2.    The Collector-cum-District Magistrate, Vaishali at Hajipur, P.O. and P.S.-
                 Hajipur, District- Vaishali, Bihar 844101.
           3.    The District Land Acquisition Officer, Vaishali at Hajipur, P.O. and P.S.-
                 Hajipur, District- Vaishali, Bihar -844101.
           4.    The Sub-Divisional Magistrate, Mahnar, P.O. and P.S.-Mahnar, District-
                 Vaishali, Bihar - 844506.
           5.     The Circle Officer, Sahdai Buzurg, P.O. and P.S.- Sahdai Buzurg, District-
                  Vaishali, Bihar - 844509.
                                                                         ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Harsh Kaushal, Advocate
                                                 Ms. Annapurna Sinha, Advocate
                                                 Mr. Aman Raj, Advocate
                                                 Ms. Anjali Tulsyan, Advocate
                                                 Mr. Amit Kumar, Advocate
                 For the Respondent/s   :        Mr. Ramashray Roy, A.C. to AAG (9)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
                                       ORAL ORDER

3   24-06-2026                    Heard learned counsel for the parties.

                                 2. This writ application has been preferred for myriad

                   reliefs enumerated as hereunder :

                                                       “i. For quashing and setting aside
                                            of the illegal, arbitrary, and legally perverse
                                            Impugned Order contained in Memo No.
                                            455/DLAO dated 25.03.2026, passed by the
                                            District Land Acquisition Officer, Vaishali,
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                                  whereby the highly documented and legally
                                  sound representation of the Petitioners was
                                  mechanically rejected in gross violation of
                                  the statutory mandate of the RFCTLARR
                                  Act, 2013.
                                             ii. To hold and declare that the
                                  entire land acquisition proceedings initiated
                                  under the defunct Notification dated
                                  01.08.2002, concerning the Petitioners'
                                  ancestral homestead lands situated at
                                  Khesra Nos. 1064, 1084, 1092, and 1091 in
                                  Village SahdaiBuzurg, have absolutely and
                                  automatically lapsed by the rigorous
                                  operation of Section 24(2) of the Right to
                                  Fair Compensation and Transparency in
                                  Land Acquisition, Rehabilitation and
                                  Resettlement Act, 2013, due to the admitted
                                  failure of the State to take actual physical
                                  possession and pay compensation for over
                                  two decades.
                                             iii. For the issuance of a writ in
                                  the nature of Mandamus, or any other
                                  appropriate writ, order, or direction,
                                  permanently restraining the Respondent
                                  authorities, their men, agents, subordinates,
                                  and assigns from forcefully dispossessing the
                                  Petitioners, demolishing their permanent
                                  residential structures, or in any manner
                                  interfering       with     their    peaceful,
                                  uninterrupted, and continuous physical
                                  possession over the subject lands under the
                                  garb of the lapsed 2002 notification.
                                             iv. For the grant of immediate
                                  interim relief and a strict stay on the
                                  operation, execution, and implementation of
                                  the Impugned Order (Memo No. 455/DLAO
                                  dated 25.03.2026), and further staying any
                                  proposed administrative demolition drive or
                                  coercive action against the Petitioners'
                                  ancestral houses during the pendency of the
                                  present Writ Application, to prevent an
                                  imminent and irreversible miscarriage of
                                  justice.
                                             V. For any other relief(s),
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                                  including the award of exemplary costs, as
                                  this Hon'ble Court may deem highly fit and
                                  proper in the absolute interest of justice,
                                  strict equity, and good conscience.”

                  3. The petitioners summarize their relief(s) on two counts

          viz. (i) no compensation of any kind has been paid to the

          petitioners (ii) and the entire acquisition proceedings lapses by

          virtue of application of Section 11A which stipulates that an

          award with respect to acquisition of any land under Section 11

          has to be made within a period of two years from the date of

          publication of the declaration and if no such award is made

          within that period, then the entire proceedings for the

          acquisition of land shall lapse.

                  4. Learned counsel for the petitioners further submits that

          abruptly in late 2018, attempting to maliciously resurrect a 16-

          year-old legally dead notification, the local authorities

          arbitrarily arrived at the site. These authorities aggressively

          threatened to demolish the Petitioners' houses using brute

          administrative force to arbitrarily construct a boundary wall.

          This sudden and extreme high-handedness shocked the

          conscience of the local residents, shattered the peace of the

          locality, and created a massive, unwarranted law and order

          situation.

                  5. He further states that as aggrieved by this imminent,
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          lawless, and draconian threat to their fundamental right to

          shelter, the Petitioners immediately sought judicial refuge. The

          Petitioners approached this Hon'ble Court by filing a

          comprehensive writ petition, which was duly registered as

          C.W.J.C. No. 17901 of 2018. This petition fundamentally

          challenged the colorable exercise of power by the State and

          sought the immediate quashing of the hopelessly time-barred

          and lapsed acquisition proceedings.

                  6. He again reiterates that for the sake of absolute clarity

          and to establish the exact scope of the previous litigation, the

          specific relief prayed for in the aforementioned writ petition is

          crucial. The core prayer of the writ petition is quoted herein:

          "...for issuance of writ of mandamus commanding the

          Respondent No.2 not to acquire house of the petitioners in

          the name of so called public Road and further issuance of a

          writ in the nature of certiorari for quashing the Notification

          under section 4,6,17(4) of the Land Acquisition Act 1894

          with regard to the petitioners land of Khesra No. 1064, 1091

          and 1092, and further pleased to... commanding the

          respondents not to dispossess the petitioners from their

          house in question." This prayer explicitly underscores the

          Petitioners' consistent legal stance regarding the protection of
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          their residential structures from illegal state expropriation.

                  7. He further submits that strictly relying on these

          irrefutable ground realities and documentary evidence, the Ld.

          SDM, Mahnar passed a highly detailed Order dated 10.10.2022.

          The Ld. SDM took specific judicial notice of the vulnerable fact

          that the Petitioner has absolutely no other alternative land for his

          survival or residence. Consequently, balancing the equities, the

          Ld. SDM granted a mere 2-foot easementary passage over

          the private property for the smooth ingress and egress of the

          local    Mahadalit        community,           affirming   the   Petitioners'

          underlying title and possession.

                  8. He further submits that well-reasoned SDM Order was

          subsequently challenged but ultimately upheld in Criminal

          Revision No. 93/2023 by the Court of ADJ-VII, Vaishali at

          Hajipur, vide Order dated 24.10.2024. These consecutive

          judicial orders operate as unimpeachable, contemporaneous

          public records conclusively establishing that the physical

          possession of the subject lands has continuously remained with

          the Petitioners. The existence of these orders utterly and

          permanently demolishes the State's fictional, paper-based claim

          of having taken physical possession under the urgency clause

          back in 2002.
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                  9. At last, he vehemently reinforces his argument by

          submitting that the Impugned Order is vitiated by manifest

          arbitrariness and suffers from several fatal legal and factual

          infirmities. The First Infirmity is the DLAO's fabricated

          narrative claiming a final Award (No. 2/2002-03) was passed on

          30.06.2004, and subsequent notices were issued on 01.07.2004

          and 03.12.2016. The Petitioners categorically state that no such

          Award was ever legally communicated to them, and the

          desperate reliance on a 2016 notice issued precisely to illegally

          circumvent the 2013 Actexposes the mala fide and fraudulent

          intent of the authorities.

                  10. The land in question is situated at “Khata No. 687,

          Khesra No. 1064; Khata No. 499, Khesra No. 1084; Khata No.

          269, Khesra No. 1092; and Khata No. 96, Khesra No. 1091, all

          located in Village Sahdai Buzurg, District Vaishali.”

                  11. The primary grievance of the petitioners appears to be

          the notification issued on 01.08.2002 for acquisition of their

          lands for constructing SAMPARK SADAK (approach road) in

          Village Sahdai Buzurg. This notification appears to have been

          issued in view of Sections 4 & 6 of the Land Acquisition Act,

          1894 (hereinafter referred to as “Act”) and thereafter by

          invoking Urgency Clause under Section 17 (4) of the Act, the
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          respondents dispensed with the mandatory rights of the

          petitioners to file objections under Section 5A of the Act,

          thereby depriving them of their statutory and legal right to put

          up their case in right perspective in the form of an objection

          before the competent authority as mandated under law.

                  12. The learned counsel for the petitioners points out that

          since the acquisition of the petitioners’ land in 2002, physical

          possession of the aforesaid land has not been taken by the

          respondent authorities till 2018 and as such the petitioners are

          still in possession of their piece of land which these respondent

          authorities had acquired in the year 2002 by issuing notification

          under Land Acquisition Act, 1894.

                  13. It was further urged that even no compensation was

          paid to the petitioners till date since the date of acquisition of

          the petitioners’ land, thus, he vehemently argued that this casual

          and callous approach of the respondent authorities has caused

          the entire proceedings for the aforesaid acquisition of

          petitioners’ land to lapse in terms of Section 11A of the Land

          Acquisition Act, 1894.

                  14. As evident from the documents available on record,

          even prior to the present writ application, the petitioners had

          approached this Hon’ble Court for multiple reliefs of identical
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          nature vide CWJC No. 17901 of 2018, which was disposed of

          vide order dated 05.01.2026 with the following directions :

                                                    “……...4. With the consent
                                          of the parties, the writ petition is
                                          disposed of allowing the petitioner to
                                          agitate the matter before all the
                                          respondents/appropriate
                                          authority/competent Court.
                                                    5. Needless to add that the
                                          document/plea provided        by the
                                          petitioner will be taken into
                                          consideration while disposing of the
                                          claim/counter at an earliest.
                                                    6. The writ petition is
                                          disposed of with the aforesaid
                                          observation”


                  15. In compliance thereof, the petitioners filed a

          representation before the District Magistrate-cum-Collector,

          Vaishali at Hajipur for a declaration that the land acquisition

          proceedings initiated with respect to the petitioners’ land under

          provisions of Land Acquisition Act, 1894 have lapsed in terms

          of provisions as contained in Section 24 (2) of the Right to Fair

          Compensation         and     Transparency      in   Land   Acquisition,

          Rehabilitation and Resettlement Act, 2013.

                  16. This application of the petitioners was placed for

          consideration before the District Land Acquisition Officer,

          Vaishali at Hajipur, who after having heard the parties

          concerned, passed an order dated 25.03.2026 rejecting the
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          claims of the petitioners categorically stating therein that Land

          Acquisition Case No. 02 of 2002-03 was initiated under

          Sections 4 & 6 of the Land Acquisition Act, 1894 and thereafter,

          by invoking Urgency clause as prescribed under Section 17(4)

          of the Act having dispensed the rights of petitioners to file

          objection under Section 5A of the Act, the notification was duly

          published in the newspaper and having complied and completed

          all the procedural rigmarole and formalities as mandated in law,

          award was duly published on 30th June, 2004.

                      It has further been noted in the Order that thereafter in

          terms of the provision as contained in Section 12 (2) of the Act

          (supra), the first notice was issued on 01.07.2004 informing the

          Raiyats, whose land has duly been acquired, to receive

          compensation. Again a second notice was also issued on 03rd

          December, 2016 but the petitioners did not come forward or

          approach the respondents for receiving the compensation

          amount.

                        The District Land Acquisition Officer, Vaishali at

          Hajipur has further stated that after due publication of the award

          with respect to due acquisition of land in question, the

          proceedings initiated vide Land Acquisition No. 2 of 2002-03

          has thus concluded and as such the provisions of 11A has no
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          application at all, in the case at hand. It further appears from the

          order dated 25.03.2026 that an award has already been

          published much prior to 01.01.2014 and as such Section 24 (2)

          of the Right to Fair Compensation and Transparency in Land

          Acquisition, Rehabilitation and Resettlement Act, 2013 has no

          application in the present matter.

                      17. The entire gamut of factual profile discussed

          hereinabove leaves not an iota of doubt that claim of the

          petitioners has no sound legal basis. From perusal of the entire

          records, averments made in the writ application, arguments

          advanced in the Court and order impugned, it appears that for

          disputed questions of fact which have been sought to be agitated

          in the present writ jurisdiction of this Court, which could not be

          decided under the writ jurisdiction without examining all the

          records and taking evidence thereon which practically is not

          entertainable at this stage in the writ jurisdiction of this Court.

                      18. The issue of entertainability of this writ

          application is distinctly different from the maintainability of

          writ application. As such, it appears that petitioners have a due

          and legitimate remedy available in law by approaching District

          Magistrate-cum-Collector, Vaishali at Hajipur under Section 64

          of    Right to Fair Compensation and Transparency in Land
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          Acquisition, Rehabilitation and Resettlement Act, 2013 for

          getting the matter referred to the appropriate authority for

          proper adjudication of the issues raised and the rights claimed

          by them.

                      19. On account of compensation amount has not been

          paid till date or on the contrary in spite of notice given by the

          authority, the petitioner did not turn up to receive the

          compensation amount till 2016. Since the award has already

          been published in 2004, it would appropriately be governed by

          the provision as contained in Section 18 of the Land Acquisition

          Act, 1894 or if the authority so deem fit they also may consider

          by referring the matter under Section 64 of the new Act. In the

          Act of 1894 under Section 18 which is corresponding to the

          Section 64 of the New Act, i.e. Act of 2013, matter is agitated

          before the Collector of the district with respect to inadequacy of

          compensation amount or non payment of the same, the Collector

          may take appropriate decision to refer the matter to the authority

          as mentioned in the both Acts in terms of the factual matrix of

          the case.

                  20. There is a provision for agitating grievances before

          the Competent Authority for making reference to the Authority

          under Section 64 of the ‘Right to Fair Compensation and
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          Transparency        in     Land     Acquisition,     Rehabilitation      and

          Resettlement Act, 2013 which stipulates that:-

                                               “64. Reference to Authority.-(1) Any
                                   person interested who has not accepted the
                                   award may, by written application to the
                                   Collector, require that the matter be referred by
                                   the Collector for the determination of the
                                   Authority, as the case may be, whether his
                                   objection be to the measurement of the land, the
                                   amount of the compensation, the person to
                                   whom it is payable, the rights of Rehabilitation
                                   and Resettlement under Chapters V and VI or
                                   the apportionment of the compensation among
                                   the persons interested:
                                               Provided that the Collector shall,
                                   within a period of thirty days from the date of
                                   receipt of application, make a reference to the
                                   appropriate Authority:
                                               Provided further that where the
                                   Collector fails to make such reference within the
                                   period so specified, the applicant may apply to
                                   the Authority, as the case may be, requesting it
                                   to direct the Collector to make the reference to it
                                   within a period of thirty days."

                                                “(2) The application shall state the
                                   grounds on which objection to the award's
                                   taken:
                                                Provided that every such application
                                   shall be made-
                                                (a) if the person making it was
                                   present or represented before the Collector at
                                   the time when he made his award, within six
                                   weeks from the date of the Collector's award:
                                                (b) in other cases, within six weeks of
                                   the receipt of the notice from the Collector
                                   under Section 21, or within six months from the
                                   date of the Collector's award whichever period
                                   shall first expire:
                                                Provided further that the Collector
                                   may entertain an application after the expiry of
                                   the said period, within a further period of one
                                   year, if he is satisfied that there was sufficient
                                   cause for not filing it within the period specified
                                   in the first proviso.”
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                  21. Proviso to the Section 64 makes it amply clear that the

          District Magistrate-cum-Collector is duty bound to make a

          reference to the appropriate Authority within a period of 30 days

          from the date of receipt of such an application.

                  22. Corresponding provision to the aforesaid Section 64

          of the new Act, Section 18 of the old Act which is quoted

          hereinbelow :

                                  “18. Reference to Court.- (1) Any person
                                  interested who has not accepted the award
                                  may, by written application to the Collector,
                                  require that the matter be referred by the
                                  Collector for the determination of the Court,
                                  whether his objection be to the measurement
                                  of the land, the amount of the compensation,
                                  the persons to whom it is payable, or the
                                  apportionment of the compensation among
                                  the persons interested.
                                  (2) The application shall state the grounds on
                                  which objection to the award is taken:
                                  Provided that every such application shall be
                                  made-
                                  (a) if the person making it was present or
                                  represented before the Collector at the time
                                  when he made his award, within six weeks
                                  from the date of the Collector's award;
                                  (b) in other cases within six weeks of the
                                  receipt of the notice from the Collector under
                                  Section 12, sub-section (2), or within six
                                  months from the date the Collector's award
                                  whichever period shall first expire.”

                  21. Further, Section 51 of the                 Right to Fair

          Compensation         and     Transparency      in   Land   Acquisition,

          Rehabilitation and Resettlement Act, 2013 categorically
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          stipulates that :

                                              “51. Establishment of Land
                                  Acquisition Rehabilitation and Resettlement
                                  Authority.- The appropriate Government shall,
                                  for the purpose of providing speedy disposal of
                                  disputes relating to land acquisition,
                                  compensation, rehabilitation and resettlement,
                                  establish, by notification, one or more
                                  Authorities to be known as "the Land
                                  Acquisition, Rehabilitation and Resettlement
                                  Authority" to exercise jurisdiction, powers and
                                  authority conferred on it by or under this Act.
                                              (2) The appropriate Government
                                  shall also specify in the notification referred to
                                  in sub-section (1) the areas within which the
                                  Authority may exercise jurisdiction for
                                  entertaining and deciding the references made
                                  to it under Section 64 or applications made by
                                  the applicant under second proviso to sub-
                                  section (1) of Section 64.”

                  23. The learned counsel representing the State did not

          dispute the aforesaid contention and fairly admits that in view of

          the clear cut and distinct legal provisions as detailed

          hereinabove and also keeping in view the bundle of disputed

          questions of fact as raised by the petitioners, it would be

          plausible and just to allow the petitioners to agitate their

          grievances before the appropriate authority in terms of the

          statutory provisions of the Act (supra).

                  24. Thus, learned counsel for the petitioners submits and

          prays that petitioners may be allowed to approach the District

          Magistrate-cum-Collector for making reference under Section

          64 of the Act (supra) for redressal of their grievances.
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                             25. In this backdrop, the petitioners are given liberty to

                     file an appropriate application before the concerned Authority

                     i.e. the District Magistrate-cum-Collector, Vaishali at Hajipur

                     under Section 64 of the Act, 2013 or, alternatively, under

                     Section 18 of the Land Acquisition Act, 1894 as the case may be

                     because both these provisions corresponding to each other but

                     only differs in the time of their enactment for making a

                     reference to the appropriate authority for deciding the claim of

                     the petitioners with respect to the payment which they are

                     claiming.

                             26. The petitioners may file such an application within

                     four weeks henceforth supporting their claims with relevant

                     documents so that the District Magistrate-cum-Collector,

                     Vaishali at Hajipur may refer the matter to the appropriate

                     authority/the Court for deciding the claim of the petitioners.

                             27. This writ application stands disposed of in the

                     aforesaid terms.

                             28. All pending interlocutory application(s), if any, also

                     stands disposed off accordingly.



Saurabh.kr/-                                 (Rana Vikram Singh, J)
U


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