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Patna High Court

Pradeep Kumar ShahversusThe State of Bihar,

Decided
Disposal
DISPOSED

Holding

The court held that the acquisition was completed in 1982 and cannot be reopened; the petitioner is entitled only to the compensation amount kept in the treasury, subject to filing a representation before the Collector.

Summary

The appellant, Pradeep Kumar Shah, filed a writ petition seeking a declaration that the land acquisition proceeding (Case No. 27 of 1980‑81) had lapsed under Section 24(2) of the RFCTLARR Act, 2013 and demanded compensation or a declaration of title. The State argued that the acquisition was completed in 1982, with award and compensation paid to the original owners, and that the records were transferred to the District Land Acquisition Office after the dissolution of the Special Land Acquisition Office. The Single Judge held that the acquisition was valid, the petition could not reopen the 1982 award, and directed the petitioner to file a representation before the Collector for the compensation amount kept in the treasury. On appeal, the High Court affirmed this view, stating that the acquisition cannot be set aside and the petitioner is only entitled to receive the pending compensation after proper representation. The appeal was therefore dismissed, with liberty granted to the petitioner to seek the compensation through the prescribed administrative process.

Issues considered

  • Whether Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 causes lapse of a land acquisition proceeding initiated under the Land Acquisition Act, 1894.
  • Whether a writ petition can reopen a land acquisition and award that were completed in 1982.
  • Whether the petitioner is entitled to the compensation amount kept in the treasury despite the passage of time.
  • Whether the court can direct the petitioner to file a representation before the Collector/District Magistrate for payment of the compensation.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • RFCTLARR Act
  • Section 24(2)
  • saving clause
  • writ petition
  • treasury
  • representation
  • inheritance

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Letters Patent Appeal No.182 of 2025
                                          In
                    Civil Writ Jurisdiction Case No.12072 of 2018
     ======================================================
     Pradeep Kumar Shah Son of Late Arjun Prasad Agrawal C/o Krishna Kumar
     Shah, Village - Kahalgaon. Near Hospital Road, P.S. - Kahalgaon, District-
     Bhagalpur, presently residing at Flat No. 2 AB, Durga Vihar Residential
     Apartment, S.P. Verma Road, P.S. - Gandhi Maidan, District- Patna.
                                                                ... ... Appellant/s
                                        Versus
1.    The State of Bihar.
2.   The Principal Secretary, Department of Revenue and Land Reforms,
     Government of Bihar, Patna.
3.   The District Magistrate, Bhagalpur.
4.   The District Land Acquisition Officer, Bhagalpur.
5.   The Additional Director - Cum - Special land Acquisition Officer, Medium
     Irrigation Project, Bhagalpur.
6.   The Executive Engineer, Bateshwar Sthan Ganga Pump Nahar, Project
     Shivnarayanpur, Kahalgaon, District- Bhagalpur.
7.    The Executive Engineer, Ganga Pump Nahar Division, Kahalgaon, District-
      Bhagalpur.
                                                          ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :      Mr. Murari Prasad Sinha, Advocate
     For the Respondent/s   :      Mr. Addl. Advocate General- 12
                                   Mr. Arun Kumar Bhagat, AC to AAG- 12
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
     (Per: HONOURABLE THE CHIEF JUSTICE)

      Date : 25-02-2026

                     The appellant Pradeep Kumar Sah has filed this

      Letters Patent Appeal challenging the order dated 21.01.2025

      passed by the learned Single Judge in C.W.J.C. No. 12072 of

      2018.
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                          The writ petition was filed seeking for a direction

         to the respondents, particularly to the District Magistrate,

         Bhagalpur to produce the proceeding of the Land Acquisition

         No. 27 of 1980-81 Mauja Shampur, Anchal Kahalgaon, District

         Bhagalpur, with a further direction to declare that the said land

         acquisition so far it relates to petitioner with respect to Khata

         No.62 Old/119 New, Plot No. 238 and 239 old/ 189 new, Thana

         no. 265 of an area of 91 decimal, to have lapsed in view of

         Section 24(2) of the Right to Fair Compensation and

         Transparency         in     Land      Acquisition,   Rehabilitation   and

         Resettlement Act, 2013 (hereinafter referred to as ‘the Act,

         2013’) and in terms of several decisions/judgments of the

         Hon’ble Apex Court; as also restraining the respondents not to

         interfere in the peaceful title and possession over the land in

         question of the petitioner, and alternatively make compensation

         of acquisition of the said land in view of the new Act, 2013

         and/or for issuance of a writ/order/direction for which the

         petitioner may be found legally entitled to, under the facts and

         circumstances stated herein under.

                          2. After issuance of notice, counter affidavit was

         filed on behalf of respondent no.6 i.e. the Executive Engineer,

         Bateshwar Sthan, Ganga Pump Nagar Project, Shivnarayanpur,
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         Kahalgaon, Bhagalpur by one Rajeev Kumar Singh, Executive

         Engineer of the said division, wherein it is stated as follows:

                                  “6. That it would be pertinent to mention
                                  that the State Govt, took a policy decision
                                  to dissolve the Special Land Acquisition
                                  Offices of the Water Resources Department
                                  and to transfer the records of pending
                                  proceedings         to   the     District     Land
                                  Acquisition Offices of the Revenue and
                                  Land Reforms Department. Accordingly,
                                  the erstwhile Special Land Acquisition
                                  Office,       Medium      Irrigation        Project,
                                  Bhagalpur and other such under the
                                  Directorate of Land Acquisition and
                                  Rehabilitation,          Water         Resources
                                  Department, Bihar have been dissolved
                                  with effect from 01.10.2019 vide order
                                  issued by the Secretary, Water Resources
                                  Department, Bihar, Patna as contained in
                                  memo no. 1120 dated 18.09.2019 and all
                                  such records of pending proceedings have
                                  been handed over to the concerned
                                  District Land Acquisition Offices.
                                  7. That at the very outset it is made clear
                                  that the land acquisition proceeding
                                  related to village- Shampur (Thana no.
                                  265) was concluded in the year 1984-85
                                  by declaring award and making payment
                                  of award/compensation amount to the land
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                                  owners under the Land Acquisition Case
                                  No. 27/1980-81 and possession of the
                                  acquired land (17.96 acre) was handed
                                  over to the Executive Engineer, Ganga
                                  Pump Canal Division No.-2, Bateshwar
                                  Asthan (Kahalgaon) on 23.08.1984.
                                  8. That it appears from perusal of the
                                  records of Land Acquisition Case No.
                                  27/1980-81 that the Executive Engineer,
                                  Ganga Pump Canal Division No. 2,
                                  Bateshwar           Asthan   (Kahalgaon)   sent
                                  requisition to the Land Acquisition Officer,
                                  Bhagalpur vide letter no. 190 dated
                                  04.08.1980 for permanent acquisition of
                                  17.50 acre land in Mauza-Shampur, P.S.-
                                  Colgang,             District-Bhagalpur     for
                                  construction of 'Main Canal of Bateshwar
                                  Asthan Pump Canal Phase II'. On the
                                  basis of said requisition, proceeding for
                                  acquisition of required land was initiated
                                  by the Special Land Acquisition Officer,
                                  Medium Irrigation Project, Bhagalpur
                                  under provisions of the Land Acquisition
                                  Act vide Land Acquisition Case No.
                                  27/1980-81.
                                  9. That it appears further that notification
                                  under Section 4 of the Act was issued vide
                                  memo no. 187 dated 13.03.1981 which
                                  was published in the District Gazette on
                                  16.03.1981 and declaration under Section
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                                  6 of the Act was issued vide memo no. 402
                                  dated 04.06.1981 which was published in
                                  the District Gazette on 16.08.1981. Notice,
                                  under Section 11 of the Act was issued vide
                                  memo no. 886 dated 10.11.1981 and local
                                  enquiry was made on 18.11.1981.
                                  10. That after exhausting due process
                                  under the Land Acquisition Act, 1894, the
                                  award of Rs. 2,15,917.35 was declared on
                                  12.10.1982 in favour of different land
                                  owners on the basis of entries made in
                                  Khatiyan (record of rights) as well as local
                                  inspection and compensation amount was
                                  paid to them after receiving proof of their
                                  ownership over the lands in question.
                                  Thereafter the aforesaid land was acquired
                                  by the Special Land Acquisition Officer,
                                  Medium Irrigation Project, Bhagalpur.
                                  Some awardees raised objection or did not
                                  receive the award amount. Such matters
                                  were referred to the District Judge,
                                  Bhagalpur under Section 18 of the Land
                                  Acquisition Act, 1894 and the award
                                  amount        was     deposited   in   treasury.
                                  Thereafter possession of the acquired land
                                  was handed over to the requisitioning
                                  officer,    i.e.    the   concerned    Executive
                                  Engineer on 23.08.1984.
                                  11. That with respect to claim of the
                                  petitioner, it is stated that for acquisition
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                                  of the land bearing Survey Khatiyan no.
                                  48, survey plot no 238, area 54 decimal
                                  and Survey Khatiyan no. 61, survey plot
                                  no. 239, area 43 decimal, total area 97
                                  decimal, award of Rs. 10,376.38 and
                                  additional award of Rs.3058.78 was
                                  declared vide award no.11 in favour of
                                  Bhagawati Prasad Sah son of Beni Ram.
                                  When no one came to receive the said
                                  amount, the same was deposited by the
                                  Special Land Acquisition Officer, Medium
                                  Irrigation Project, Bhagalpur in treasury.
                                  With respect to plot no. 242, award was
                                  declared in favour of Babu Lal Rai,
                                  Bhutku Rai and others, Lakhan Rai and
                                  Yogendra Rai and they received the award
                                  amount.
                                  12. That it would be pertinent to mention
                                  that the Special Land Acquisition Medium
                                  Irrigation          Project,   Bhagalpur   duly
                                  informed the Circle Officer, Kahalgaon
                                  vide letter no. 836 dated 13.10.1982 that
                                  the award amount will be paid to the
                                  awardees on 19.10.1982. He mentioned
                                  the plot nos. of the acquired land including
                                  the plot nos. 238, 239 and 242 and
                                  requested to depute concerned revenue
                                  Karmchari along with records.
                                  13. That it appears from letter no. 434
                                  dated 24.08.2000 issued by the Special
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                                  Land Acquisition Officer that the details of
                                  acquired land had been sent to the Circle
                                  Officer, Kahalgaon vide letter no. 803
                                  dated        13.09.1985   for    exempting
                                  realization of rent with respect to the
                                  acquired land.
                                  14. That it would be evident from the
                                  aforesaid letters that the office of the
                                  Circle Officer, Kahalgaon was fully aware
                                  of acquisition of the land in question
                                  despite that it wrongly issued land
                                  possession certificate (Annexure-4 to the
                                  writ application) in the name of Bhagwati
                                  Prasad Sah (since deceased) with respect
                                  to land appertaining to khata no. 119, plot
                                  no. 193, area 60 decimal and plot no. 189,
                                  area 61 decimal in August 2016, i.e. after
                                  about 32 years of completion of the land
                                  acquisition proceeding. Thereafter the
                                  petitioner illegally got mutated the said
                                  land in his favour in February 2018
                                  (Annexure-3 to the writ application) and
                                  got rent receipt in March 2018. On the”


                          3. The writ petitioner filed rejoinder affidavit to the

         said counter affidavit, filed on behalf of respondent no.6.

                          4. The learned Single Judge in the impugned order

         after going through the pleadings and hearing the learned
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         counsel for the respective parties has been pleased to hold as

         follows:

                                                      “7.   In   the   light   of   the
                                  submissions made by the parties, it
                                  becomes crystal clear that the information
                                  provided to the petitioner under the RTI
                                  Act, is basically a mistake which has been
                                  accepted by the State in the pleading. It
                                  also transpired that acquisition has been
                                  already made in the year 1982 and award
                                  has been prepared, but the compensation
                                  amount has been received by the ancestor
                                  of the petitioner. Therefore, in view of the
                                  Court, the petitioner whose land has been
                                  acquired in the year 1982 and he wants to
                                  reopen the entire matter of the year 1982
                                  even after preparation of award which is
                                  not permissible in law, but he is entitled to
                                  receive compensation amount only. As
                                  such, the writ petition is dismissed with
                                  liberty granted to the petitioner that under
                                  the old acquisition proceeding read with
                                  the Saving Clause under section 114 of the
                                  new law, i.e., RFCTLARR Act, 2013, he
                                  shall file his representation for payment of
                                  compensation amount kept in treasury,
                                  before the Collector/District Magistrate,
                                  Bhagalpur who shall pass order on
                                  representation demanding report from
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                                  Land       Acquisition   Officer,   Bhagalpur
                                  within 3 months from the date of receipt of
                                  representation.”


                          5. When we made a query to the learned counsel for

         the appellant as to in whose name the land, in question, stands

         and how the petitioner is related to such person, the learned

         counsel submitted that the appellant-writ petitioner, Pradeep

         Kumar Sah is the grandson of Bhagwati Prasad Sah, in whose

         name the land stood recorded. However, when we made a

         further query as to whether there are other legal heirs or not, the

         learned counsel submits that all the legal heirs of the said

         Bhagwati Prasad Sah, who is now dead, authorised the

         petitioner to file this application and they have no objection, if

         the award amount is disbursed in favour of the petitioner.

                          6. Be that as it may, since the learned Single Judge

         has directed the petitioner, appellant herein, for filing the

         representation         before        the     concerned   authority   i.e.

         Collector/District Magistrate, Bhagalpur for payment of

         compensation amount, which is stated to be kept in treasury in

         connection with the acquisition of land of deceased Bhagwati

         Prasad Sah, such application shall be disposed of in accordance

         with the law. It is made clear that the appropriate documents

         shall also be produced by the appellant-petitioner, that he has
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                      been authorized by all the legal heirs of the deceased Bhagwati

                      Prasad Sah to receive the compensation amount and such

                      document shall be duly verified before disbursing the amount of

                      the compensation.

                                       7. The learned counsel for the appellant also

                      submits that the cost of the land was more, and the award of the

                      compensation amount is disproportionate to the market rate.

                                       8. If the appellant is not satisfied with the amount,

                      which is so deposited in the Treasury, it is open to him or the

                      legal heirs of the deceased to seek appropriate remedy in

                      accordance with the law.

                                       9. With the aforesaid observation, the L.P.A. stands

                      disposed of.


                                                (Sangam Kumar Sahoo, CJ)



                                                     (Harish Kumar, J)
uday/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          27.02.2026
Transmission Date       NA


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