Patna High Court
Ramanand SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
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
- Constitution of India — s. Article 226
- Land Acquisition Act, 2013
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
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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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