Patna High Court
Dil MahamadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
Holding
The court directed the Land Acquisition Officer to consider the petitioner’s Section 15 representation and pass a reasoned order within two months.
Summary
The petitioner, Dil Mahamad, filed a writ petition seeking a directive that the authorities consider his objection made on 11 September 2020 under Section 15 of the Land Acquisition, Rehabilitation and Resettlement Act, 2013 concerning specific plots of land in Saran district. He alleged that the Collector and the Land Acquisition Officer had not acted on his representation. The court examined whether the statutory duty to consider such objections had been neglected and whether a writ could compel the officials to act. It held that the pending representation must be examined and a reasoned order issued. Accordingly, the court directed the Land Acquisition Officer to consider the petitioner's application and pass an order within two months, allowing the petitioner to supplement his submissions. The writ application was disposed with the said direction.
Issues considered
- Whether the authorities are required to consider an objection filed under Section 15 of the Land Acquisition, Rehabilitation and Resettlement Act, 2013 within a reasonable time.
- Whether a writ of mandamus can be issued directing the Land Acquisition Officer to consider the representation and pass a reasoned order.
Legislation cited
Subjects
- land acquisition
- Section 15
- representation
- writ jurisdiction
- administrative law
- Bihar
- delay in statutory action
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8318 of 2022
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Dil Mahamad son of Kiyamat Miyan, resident of Village- Dumduma, P.O.
Bahrauli, P.S. Mashrakh, District- Saran at Chapra.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Revenue and Land Reforms,
Government of Bihar, Patna.
3. The Director of Land Acquisition, Department of Revenue and Land
Reforms, Government of Bihar, Patna.
4. The Collector-cum- District Magistrate, Saran at Chapra.
5. The Land Acquisition Officer, Saran at Chapra.
6. The Competent Officer relating to Land Acquisition, Saran at Chapra.
7. The Circle Officer, Mashrakh, Saran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jeetendra Narayan, Advocate
For the Respondent/s : Mr. Sajid Salim Khan ( SC 25 )
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 26-03-2026 Heard the learned counsel for the parties.
2. The present writ application has been preferred
for directing and commanding the respondents to consider the
objection made by the petitioner in view of Section 15 of the
Land Acquisition, Rehabilitation and Resettlement Act, 2013
and also in view of Bihar Land Acquisition, Rehabilitation and
Resettlement Rules, 2014 relating to the subject land of the
petitioner under Khata No. 161, plot no. 1048 and 1056,
measuring in area of 8 katha, 12 dhur and 5 katha 2 dhur,
respectively which is in total area of 13 katha 14 dhur situated
Patna High Court CWJC No.8318 of 2022(3) dt.26-03-2026
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under Revenue village Dumduma, Thana No. 81 at the Circle of
Mashrak, Saran,
3. Learned counsel for the petitioner submits that
the petitioner made a comprehensive representation/ objection
on 11.09.2020, under Section 15 of the aforesaid Act before the
respondent no. 4, Collector-cum- District Magistrate, Saran at
Chapra and respondent no. 5, Land Acquisition Officer, Saran at
Chapra, wherein he has categorically stated that the
aforementioned facts and requested to hear him but till date they
have not decided the objections being raised by the petitioner.
4. Learned A.C. to SC-25, at the outset, submits
that the matter may be disposed of with a direction to the
respondent no. 5, Land Acquisition Officer, Saran at Chapra for
consideration of such representation already made by the
petitioner and for passing necessary order.
5. Considering the aforesaid submissions made by
the parties, the present writ application is being disposed of with
a direction to the respondent no. 5, Land Acquisition Officer,
Saran at Chapra, to consider the application made by the
petitioner way back on 11.09.2020, and on which till date no
order has been passed. The petitioner shall be at liberty to
supplement his submissions made, afresh, and a reasoned
Patna High Court CWJC No.8318 of 2022(3) dt.26-03-2026
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order be passed by the respondent no. 5, Land Acquisition
Officer, Saran at Chapra, within a period of two months from
the date of receipt/ production of a copy of this order.
6. Accordingly, the application stands disposed of
with the aforesaid liberty to the petitioner.
(Sourendra Pandey, J)
khushbu/-
U
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