Patna High Court
Pawan Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed because the petitioners failed to comply with the notices requiring them to present supporting documents for their compensation claim.
Summary
The petitioners, a group of landowners, filed a writ petition seeking compensation for land acquired under Land Acquisition Case No. 5/2017‑18 for a Border Out Post of the 45th Battalion, SSB, Motihari, invoking the RFCTLARR Act, 2013. The respondents issued notices requiring the petitioners to appear with supporting documents to substantiate their claims, but the petitioners failed to comply. The petitioners argued that the compensation award had not yet been prepared, so they had not missed the opportunity to claim. The court held that the notices were clear and the petitioners’ non‑compliance barred the writ petition, though it allowed them to approach the authorities individually with the required documents. Consequently, the writ petition was disposed of without granting the reliefs sought.
Issues considered
- Whether the petitioners are entitled to compensation despite failing to comply with the notice to present supporting documents.
- Whether the High Court can direct payment of compensation and interest in a writ petition where procedural compliance is lacking.
- Whether the writ petition is maintainable when the petitioners have not fulfilled the procedural requirements prescribed by the respondents.
Legislation cited
Subjects
- land acquisition
- compensation
- RFCTLARR Act 2013
- notice compliance
- writ petition
- border out post
- interest on compensation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.806 of 2026
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1. Pawan Kumar Singh S/o- Late Gauri Shankar Singh, Resident of Village-
Murtiya, Post and P.S. and Anchal- Adapur, District- East Champaran,
Motihari.
2. Amit Kumar Singh, S/o Late Shambhu Nath Singh, Resident of Village-
Murtiya, Post and P.S. and Anchal- Adapur, District- East Champaran,
Motihari.
3. Ginni Devi, W/o- Paswan Kumar Singh, Resident of Village- Murtiya, Post
and P.S. and Anchal- Adapur, District- East Champaran, Motihari.
4. Ranarandhir Kumar Singh, S/o- Late Rajnarayan Singh, Resident of Village-
Murtiya, Post and P.S. and Anchal- Adapur, District- East Champaran,
Motihari.
5. Ajay Kumar Singh, S/o- Late Adeya Singh, Resident of Village- Murtiya,
Post and P.S. and Anchal- Adapur, District- East Champaran, Motihari.
6. Abhay Kumar Singh @ Abhay Singh, S/o- Late Adeya Singh, Resident of
Village- Murtiya, Post and P.S. and Anchal- Adapur, District- East
Champaran, Motihari.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms,
Government of Bihar, Patna.
2. The Principal Secretary, Revenue and Land Reforms, Government of Bihar,
Patna.
3. The District Land Acquisition Officer, East Champaran, Motihari.
4. The District Magistrate-cum-Collector, District- East Champaran, Motihari.
5. The Circle Officer, Circle- Adapur, East Champaran.
6. The Commandant, 47th BN SSB, Pantoka, Raxaul, East Champaran.
7. The Commandant, 47th BN SSB, Piprakothi, East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Adv.
Mr. Sumit Kumar Gupta, Adv.
Ms. Isha Mishra, Adv.
For the Respondent/s : Mr. Addl. Advocate General (03)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 22-01-2026 Heard Ms. Isha Mishra, learned counsel for the
petitioner.
Patna High Court CWJC No.806 of 2026(2) dt.22-01-2026
2/4
2. The present application has been preferred for the
following relief(s):
(i). For directing and commanding
the respondent authorities for the payment of
compensation for the land of the petitioners
situated at Mauza-Murtiya (Paschimi
Koraiya), Thana No. 98, Khata No. 113,
Khesra No. 788, measuring 1 acre 86
decimals, which has been acquired in Land
Acquisition Case No. 05/2017-18 under the
provisions of the RFCTLARR Act, 2013, for
establishment of Border Out Post (B.O.P.),
West Koraiya, of the 45th Battalion, S.S.B.,
Motihari.
(ii). For further directing and
commanding the respondent authorities to
pay the compound interest on the due
compensation amount till date of realisation
of the said amount to the petitioners.
(iii). For further directing and
commanding the respondent authorities for
considering the application dt. 27.08. 2025,
which has been filed by petitioners before the
respondents authorities for the release of
compensation amount in L.A. Case No.
05/2017-18.
(iv). For further give other
appropriate relief/reliefs to which the
petitioners found entitled in the facts and
Patna High Court CWJC No.806 of 2026(2) dt.22-01-2026
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circumstances of the present case.
3. The matter relates to Land Acquisition Case No. 5
of 2017-18 relating to establishment of Border Out Post for
45th Battalion SSB, Motihari.
4. The petitioners claim that their lands are also part
of the said land acquisition process and in support thereof,
learned counsel for the petitioner took this Court to the notices
issued to some of the petitioners in the present case to remain
present along with the supporting document so that appropriate
steps is/are taken. The story stops at that point and the steps
taken by the petitioners pursuant to the said notices are not on
record.
5. Learned counsel for the petitioners submit that they
preferred representation.
6. This Court is of the view that notices were very
clear, the petitioners were to present themselves with supporting
documents to claim the compensation for the land in question.
Clearly, they failed to do so. However, learned counsel for the
petitioners submit that the award has still not been prepared and
as such, the petitioners have not missed the bus.
7. In that background, allowing the petitioners to
individually approach the respondents with supporting
documents pursuant to the notices issued to satisfy them
Patna High Court CWJC No.806 of 2026(2) dt.22-01-2026
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regarding the bona fide claim for the compensation of the land
in question, the writ petition is disposed of.
8. Needless to add, if individual petitions by the
petitioners are presented and if the award has not still been
prepared, the same has to be looked into by the concerned
respondent so that those who are claiming their genuine
compensation are not left out.
(Rajiv Roy, J)
Vijay Singh/-
U
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