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Patna High Court

Ramanand SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed with liberty to the petitioners to approach the District Land Acquisition Officer for the pending compensation, which must be paid with interest within the stipulated time.

Summary

The petitioners filed a writ under Article 226 seeking the return of land that was allegedly taken beyond the 11‑acre limit specified in government notifications and full compensation for that land, a pucca well, and loss of crops. The respondents contended that the petitioners had been invited to accept compensation but had not approached the appropriate authority. The Court observed that the petitioners' claim for excess land and unpaid compensation was still subsisting at the time of filing, but the land had been returned during the pendency of the petition. It noted that the petitioners had not shown any representation to the authorities for the pending amounts. Consequently, the Court disposed of the writ, directing the petitioners to file a representation before the District Land Acquisition Officer for the remaining compensation and interest, and ordered the officer to make payment within two months or pass a reasoned order within three months.

Issues considered

  • Whether the land taken beyond the scope of the acquisition notification must be returned to the petitioners.
  • Whether the petitioners are entitled to full compensation, including for a pucca well and loss of crops, under the Land Acquisition Act, 2013.
  • Whether the High Court can direct the authorities to pay the pending compensation with interest.
  • Whether the petitioners' failure to approach the appropriate authority affects the maintainability of the writ.

Legislation cited

Subjects

  • land acquisition
  • excess land
  • compensation
  • Article 226
  • writ petition
  • interest on delayed payment
  • pucca well

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.8751 of 2022
     ======================================================
1.   Ramanand Singh, S/o Late Yogendra Prasad Singh;
2.   Abha Devi, W/o Ramanand Singh;
3.   Anita Devi, W/o Vinay Kumar Singh;
4.   Anita Devi, W/o Late Ajay Kumar Singh;
     All are R/o Mahnar, Ward No. - 12, P.O. + P.S. + District-Mahnar, at present
     petitioner Nos. 1 + 2 residing at Chankya Nagar, Ward No. 38, Begusarai,
     Municipal Corporation Area.


                                                                   ... ... Petitioner/s
                                         Versus
1.   The State of Bihar, the Additional Chief Secretary, Revenue and Land
     Reforms Department, Govt. of Bihar, Patna.
2.   The Directorate Land Acquisition, Revenue and Land Reforms Dept., Patna,
     Govt. of Bihar.
3.   The District Magistrate, Vaishali District, Hazipur.
4.   The District Land Acquisition Officer, Vaishali, District at Hazipur.
5.   The Executive Engineer, Building Construction, Hazipur Division, Dist. -
     Vaishali.
6.   The Assistant Engineer, Building Construction, Hazipur Division.
7.   The S.D.O., Mahnar, Sub. Division, Dist. - Vaishali.
8.   The DCLR, Mahnar.
9.   The Circle Officer, Mahnar.
10. The Amin, Land Acquisition Office, Vaishali District.
11. The Circle Amin, Mahnar.


                                                                ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :      Mr. Shiw Kumar Prabhakar, Adv.
                                    Mr. Uma Shankar Sharma, Adv.
     For the Respondent/s    :      Mr. AC to SC-25
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
Patna High Court CWJC No.8751 of 2022 dt.30-04-2026
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       ORAL JUDGMENT
       Date : 30-04-2026

                         Heard the learned counsel for the parties.

                         2. The petitioners, under Article 226 of the

         Constitution of India, have preferred the present writ

         application seeking following relief(s) :

                                 (i) To return the land of the petitioners which has
                          been taken into the possession by the respondents
                          concerned but which is excess to or beyond the 11 acre
                          acquired land mentioned in letter no 502, dt. 15.6.19,
                          issued under the signature of the District Land
                          Acquisition     officer     Vaishali     in   pursuant   to   the
                          Notification No. 14/DLA Patna, dt. 5.1.2012 and/or
                          Notification No. 02/07 126, dt. 13.01.2017 both 14/DLA
                          (Misc.) issued under the signature of Sri Narotam Prasad
                          Singh, Additional Secretary Govt. of Bihar; issued by
                          land Acquisition Directorate Revenue & Land Reforms
                          Dept. Govt. of Bihar and as alternative prayer.
                                 (ii) For direction to the Respondents Concerned to
                          acquire the land as per notification mentioned in para 1
                          (i) of this writ petition and ensure compensation,
                          solatium etc. to the petitioners as per land Acquisition
                          Act 2013 against the land which has forcefully been
                          acquired and boundary wall has been erected and
                          construction of the building of joint sub-Divisional
                          Officers Mahnar in Vaishali district have been completed
                          by the respondents concerned.
                                 (iii)   For      necessary      directions   against   the
                          respondents concerned to pay the rest/difference amount
                          to the petitioners against the land acquired by the
                          respondents concerned in Khesra No. (Part) 887 Khata
                          No. 1751 Mahnar, District Vaishali for construction of
Patna High Court CWJC No.8751 of 2022 dt.30-04-2026
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                          the Joint Offices of Mahnar Sub. Division Vaishali
                          District.
                                 (iv)   For    necessary   directions   against   the
                          Respondents concerned to make compensation to the
                          petitioner against a pucca kuan, for which nothing has
                          been paid to the petitioners and which situate in that part
                          of the land which has been acquired in consonance of
                          Gadget Notification bearing Notification No. 14/DLA
                          Vaishali (Misc)-02/07-52 Patna dt 5.1.2012/Notification
                          No. 14/DLA Vaishali (Vividh) -02/07 126 dt 13.1.2012
                          both issued by the Directorate land Acquisition Revenue
                          & Land Reforms, Govt. of Bihar Patna.
                                 (v) For order to the respondent concerned to pay
                          the petitioners for the loss of crop from 2012 till now on
                          the land which was contrivers but outside and excess to
                          the Gadget Notification bearing Notification No. 14/DLA
                          Vaishali (Misc.) 02/07-52 Patna dt 5.1.2012 issued by the
                          Directorate land Acquisition Revenue & Land Reforms
                          Govt. of Bihar.
                                 (vi) For any other relief (s) for which the
                          petitioners would be found entitle by this Hon'ble High
                          Court in the facts & circumstances of this case.


                         3. It has been submitted on behalf of the

         petitioners that they have not been paid the entire

         compensation. However, it has been submitted that the excess

         land, which was covered under the garb of Govt. notification,

         has been vacated and returned to them.

                         4. The learned AC to SC-25 submits that from the

         counter affidavit, it would be evident that a letter was written

         way-back in the year 2022, calling the petitioners to accept the
Patna High Court CWJC No.8751 of 2022 dt.30-04-2026
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         compensation amount, however they have not approached the

         appropriate authority for the same.

                         5. Having heard the learned counsel for the

         parties and taking into account the averments made in the writ

         petition, this Court finds that the claim of the petitioners with

         regard to the rest of the compensation amount and of return of

         the land, which was taken beyond the terms of notification,

         subsisted at the time of filing of the writ application.

         However, during the pendency of the writ application, the land

         of the petitioners was returned and they were also called for

         payment of the compensation amount for the Pacca Kuan,

         which was assessed by the Department.

                         6. From the pleadings on record, it is also not

         clear as to whether the petitioners had approached the

         authorities concerned. The learned counsel for the petitioners

         has also not been able to point out that the petitioners had

         approached the authorities for the same.

                         7.    In    view     of      the   aforesaid   facts   and

         circumstances, the present writ application is being disposed

         of with a liberty to the petitioners to approach the District

         Land Acquisition Officer, Vaishali (respondent No. 4) with a

         representation for claiming the amount of compensation,
             Patna High Court CWJC No.8751 of 2022 dt.30-04-2026
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                      which is still pending with the authorities and also with regard

                      to the claim of interest on account of delayed payment made to

                      the petitioners. On receipt of such representation, the District

                      Land Acquisition Officer, Vaishali (respondent No. 4) is

                      directed to make necessary payments to the petitioners along

                      with interest as per law within a period of two months and/or

                      pass necessary reasoned order(s) within a period of three

                      months from the date of receipt/production of a copy of this

                      order.

                                      8. With the aforesaid observation/direction, the

                      writ application stands disposed of.

                                      9. Interlocutory application(s), if any, also stands

                      disposed of accordingly.



                                               (Sourendra Pandey, J)

Praveen-II/-
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          30.04.2026
Transmission Date       N/A


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