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Patna High Court

Lal Mohan SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The contempt petition is dismissed, with liberty granted to the petitioner to approach the appropriate authority for any remaining grievance.

Summary

The petitioner, Lal Mohan Singh, filed a contempt petition challenging the State of Bihar and officials for not directing payment of enhanced compensation for his land acquired under a 2015 award. He had previously received a compensation of Rs. 2,74,189 and sought a higher amount after the land was re‑classified as residential by an arbitrator. The State argued that the petition was filed belatedly and that the petitioner should make a fresh representation to the authority. The Court observed that the petitioner’s representation had already been considered and that the respondents had eventually complied with the earlier court order, albeit with delay. Consequently, the contempt petition was disposed of, granting the petitioner liberty to raise any further grievance before the appropriate authority within a stipulated period.

Issues considered

  • Whether the contempt petition is maintainable given the delay and prior representation.
  • Whether the respondents complied with the earlier court order directing payment of enhanced compensation.
  • Whether the petitioner is entitled to a fresh direction for enhanced compensation under the land acquisition framework.

Subjects

  • contempt
  • land acquisition
  • enhanced compensation
  • civil writ jurisdiction
  • representation
  • court compliance
  • jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.3325 of 2025
                                                     In
                               Civil Writ Jurisdiction Case No.16611 of 2024
                 ======================================================
                 Lal Mohan Singh Son of Late Ram Gahan Singh, Resident of Village Sakari,
                 PS Kudra, District Kaimur, Bhabhua.

                                                                                    ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Collector, Kaimur at Bhabhua.
           2.    Mr. Sunil Kumar, the Collector, Kaimur at Bhabhua.
           3.    Mr. Tesh Lal singh, District Land Acquisition Officer, Kaimur at Bhabhua.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Vivekanand Vivek, Adv.
                 For the Opposite Party/s :         Mr. Government Advocate 5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

5   06-02-2026                    The instant contempt petition is arising out of order

                   dated 29.10.2024 passed in C.W.J.C. No. 16611 of 2024 and it

                   reads as under:-

                                                              In     the    instant        petition,
                                              petitioner has prayed for the following
                                              relief(s):-
                                                                      (i) For issuance of
                                                     an                          appropriate
                                                     writ/writs/order/orders/direction/
                                                     directions      commanding             the
                                                     respondents       to        direct     the
                                                     respondent No- 3 District Land
                                                     Acquisition Officer, Kaimur at
                                                     Bhabhua to pay the enhanced
                                                     compensation to the petitioner for
Patna High Court MJC No.3325 of 2025(5) dt.06-02-2026
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                                          acquisition of his land situated at
                                          Mouza- Sakari, Thana No- 659,
                                          Old Khata No- 12, Khesra No-
                                          109, Area-9½ decimals on the
                                          basis of amended award dated
                                          03/11/2015          prepared    by   the
                                          District Land Acquisition Officer,
                                          Kaimur at Bhabhua arising out of
                                          Land Acquisition Case No-19 of
                                          2015-16.
                                                              (ii) For issuance of
                                          any                          appropriate
                                          writ/writs/order/orders/
                                          direction/directions to which the
                                          petitioner          is   entitled     in
                                          accordance with law.


                                                        2. Learned counsel for the
                                  petitioner submits that respondent no. 3
                                  ordered       to      pay   compensation     to    the
                                  petitioner for acquisition of his land
                                  situated at Mouza- Sakari, Thana No- 659,
                                  Old Khata No- 12, Khesra No- 109, Area-9½
                                  decimals        and     petitioner     has   received
                                  compensation amount of Rs. 2,74,189/- as
                                  mentioned in Annexure-P/2. He further
                                  submits that later on, CWJC No. 896 of 2013
                                  was filed for enhancement of award on the
                                  basis that acquired land in question was
                                  residential land and not agricultural land
Patna High Court MJC No.3325 of 2025(5) dt.06-02-2026
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                                  and the said writ petition was disposed of
                                  with a direction to appear before the
                                  Arbitrator        cum        Commissioner,         Patna.
                                  Thereafter,            the        Arbitrator            cum
                                  Commissioner, Patna made enquiry through
                                  District Enquiry Committee who submitted
                                  report which was accepted treating the land
                                  in question as residential plot.                 Learned
                                  counsel for the petitioner submits that
                                  petitioner has limited grievance that he
                                  made representation before the District Land
                                  Acquisition Officer, Kaimur, Bhabua for
                                  payment of enhanced compensation amount
                                  (Annexure-P/5 series) but no order has been
                                  passed by the concerned authority as yet and
                                  hence, the petitioner has approached this
                                  Court for issuance of direction to the
                                  concerned         respondent       for        payment    of
                                  enhanced compensation amount.
                                                        3. Learned counsel for the
                                  State submits that petitioner has belatedly
                                  sought          for     payment          of     enhanced
                                  compensation amount. Learned counsel
                                  further submits that petitioner may file fresh
                                  representation           before     the         concerned
                                  authority alongwith supporting documents
                                  for      getting         enhanced         amount         of
                                  compensation and the same shall be
                                  considered in accordance with law.
                                                        4. Considering the facts and
Patna High Court MJC No.3325 of 2025(5) dt.06-02-2026
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                                  circumstances of the case, the present writ
                                  petition stands disposed of with liberty to
                                  petitioner to raise his grievance before the
                                  appropriate authority within a period of five
                                  weeks from the date of receipt of this order.
                                  If petitioner raises his grievance before the
                                  concerned authority, the concerned authority
                                  is directed to pass appropriate order on the
                                  representation of the petitioner within a
                                  period of six months from the date of its
                                  filing in accordance with law.



                       2. During pendency of the present petition, opposite

          party nos. 2 and 3 complied the orders of this Court belatedly.

          The opposite party nos. 2 and 3 were required to comply the

          orders of the Court within six months from the date of

          petitioner’s representation pursuant to the orders of this Court

          dated 29.10.2024 but some delay has been occurred in

          compliance of the said direction on account of official

          formalities.

                       3. From the aforesaid submission, it is evident that the

          representation of the petitioner has already been disposed of by

          the concerned authority, though, there is belated compliance of

          the direction given by this Court vide order dated 29.10.2024.

                       4. In the light of the aforesaid facts and circumstances
          Patna High Court MJC No.3325 of 2025(5) dt.06-02-2026
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                    of the case and arguments advanced on behalf of the parties, the

                    present contempt petition is disposed of with liberty to

                    petitioner that if he has still any grievance, he may represent his

                    grievance before the appropriate forum.


                                            (Alok Kumar Pandey, J)

amitkumar/-

U


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