[Cites 7, Cited by 0]
Patna High Court
Pradeep Kumar Shah vs The State Of Bihar on 25 February, 2026
Author: Harish Kumar
Bench: Harish Kumar
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.
Patna High Court L.P.A No.182 of 2025 dt.25-02-2026
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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,
Patna High Court L.P.A No.182 of 2025 dt.25-02-2026
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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
Patna High Court L.P.A No.182 of 2025 dt.25-02-2026
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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
Patna High Court L.P.A No.182 of 2025 dt.25-02-2026
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
Patna High Court L.P.A No.182 of 2025 dt.25-02-2026
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
Patna High Court L.P.A No.182 of 2025 dt.25-02-2026
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
Patna High Court L.P.A No.182 of 2025 dt.25-02-2026
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
Patna High Court L.P.A No.182 of 2025 dt.25-02-2026
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
Patna High Court L.P.A No.182 of 2025 dt.25-02-2026
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
