Birbal Raut v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21660 of 2018 ====================================================== Birbal Raut S/o Ramdev Raut, R/o Mauza- Chikni, Ward No. 01, P.S.- Raxaul, Jakiyari, District-East Champaran.
... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Principal Secretary, Revenue and Land Reforms, Government of Bihar, Patna.
3.
The Principal Secretary, Department of Home, Bihar, Patna. 4.
The Director, Land Acquisition, Bihar, Patna. 5.
The Joint Secretary, Department of Home, Bihar, Patna. 6.
The Collector, Motihari.
7.
The Land Acquisition Officer, Motihari.
8.
The Union of India, through the Ministry of Home Affairs, Government of India, through its Secretary, North Block, New Delhi. 9.
The Secretary, Border Management Ministry of Home Affairs, Government of India, North Block, New Delhi.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Mallika Mazumdar, Advocate For the State :
Mrs. Nutan Sahay, AC to AAG-12 For the UOI :
Mr. Anshay Bahadur Mathur, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-01-2026 Heard Ms. Mallika Mazumdar, learned counsel for the petitioner and Mrs. Nutan Sahay, AC to AAG-12 representing the State.
2. The present petition has been preferred for the grant of following relief(s):
"for a direction for payment of of the money to the farmers whose land have
2/4 been acquired in 2011 by S.S.B. (Seema Surkhsa Bal) for Construction of its Head Quarters in Mauza Chikni, District E.
Champaran. And the entire compensation money has not been paid to farmers. The rest money should be paid with interest amount.
That the remaining amount should be paid as per new Act.
3. The petitioner's land was taken by the Sashastra Seema Bal (henceforth for short, 'the SSB') through the district administration in the year 2011 for the construction of its headquarter at East Champaran.
4. The claim of the petitioner is that though 80 per cent of the amount was paid, for twenty per cent, the farmers had to move from pillar to post without any payment forcing him to file this writ petition.
5. A counter affidavit has come on behalf of the District Land Acquisition Officer, East Champaran, Motihari and learned State counsel has taken this Court to paragraph no.11 and 13 to show that the rest of the 20 per cent was to be paid immediately.
6. The parties are not clear whether the payment has been made or not, in that background and taking note of the earlier order passed by this Court in CWJC No. 22472 of 2018 (Braj
3/4 Kishor Singh vs. The State of Bihar and Ors.) disposed of on 04.11.2025, this Court takes the same line and dispose of the writ petition with the following observation:
(i) if the payment of twenty per cent has been made to the petitioner, no further step is to be taken;
(ii) if the payment has not been made, the district administration is dutybound to pay the amount by 28.02.2026; (iii) if the payment has not been made and still not cleared by 28.02.2026, an interest of nine per cent is to be calculated with the pending twenty per cent amount till the actual payment is made.
(iv) the responsibility be fixed on the official who delayed the payment of amount and the said extra amount of nine per cent interest shall be realized from the pocket of the said official;
(v) if the payment has not been paid and the district administration fails to pay by 31st March 2026, the petitioner shall be entitled to a cost of Rs. 10,000/- along with the
4/4 nine per cent interest which has already been ordered in the present case.
7. Let a copy of the order be sent to the office of the Collector, East Champaran, Motihari for perusal and necessary action.
(Rajiv Roy, J) vinayak/- U