Md. Karimuddin Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1799 of 2026 ====================================================== 1.
Md. Karimuddin Ansari Son of Late Jan Muhammad Ansari @ Jan Mo. Miyan, Resident of Nizam Chak, P.O.- Unhachak, Dighwara, P.S.- Dighwara, Saran Bihar.
2.
Akhtari Begum, Wife of Late Md. Hasim Ansari, Resident of Near Pani Cal Chowk, Nawab Road, Chandwara, P.S.- Muzaffarpur, Muzaffarpur, Bihar. 3.
Nasarudin, Son of Late Jan Muhammad Ansari @ Jan Mo. Miyan, Resident of Nizam Chak, P.O.- Unhachak, Dighwara, P.S.- Dighwara, Saran, Bihar. 4.
Jaibun Nisha, Wife of Nasarudin, Resident of Nizam Chak, P.O.- Unhachak, Dighwara, P.S.- Dighwara, Saran, Bihar.
5.
Begum Smt Hazia, Wife of Late Mohammed Sayeed, Resident of Nizam Chak, P.O.- Unhachak, Dighwara, P.S.- Dighwara, Saran, Bihar. ... ... Petitioner/s
Versus
1.
The State of Bihar Through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.
The District Magistrate, Saran, Chapra.
3.
The District Land Acquisition Officer, Saran, Chapra. 4.
The Deputy Collector Land Reforms, Sonpur, Saran, Chapra. 5.
The Circle Officer, Sonpur, Saran, Chapra.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gaurav Prakash, Advocate For the Respondent/s :
Mr.Standing Counsel (8) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-03-2026 Heard Mr. Gaurav Prakash, learned counsel for the petitioners and the State.
2. The present petition has been preferred for the following relief/s:
(i) for issuance of writ in the nature of mandamus directing the Respondent authorities to make payment of fair
2/8 compensation along with interest against acquisition of the petitioner's land situated under Mauja- Dumari Bujurg, Thana No.
22, Thana- Sonpur, Circle Sonpur, District Saran for construction of SSB headquarter in terms of the publication issued vide PR 15320 (Revenue) 2019-20 by the District Magistrate, Saran, Chapra;
(ii) for issuance of writ of mandamus directing the Respondent authorities to complete the issuance of payment notice under Section 37(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred as RFCTLARR Act, 2013) including the interest thereon;
(iii) for any other relief(s) that this Hon'ble Court may deem fit and appropriate.
3. The details of the land is/are already incorporated in the aforesaid paragraph no.02 and the grievance is/are that the compensation amount has not been paid to them despite the
3/8 acquisition of the land for the Shashtra Seema Bal (henceforth for short 'the SSB') campus.
4. Pursuant to the last order passed by the coordinate bench on 05.02.2026 directing the respondents to approach the petitioners, the stand of the respondents (as per the counter affidavit) filed on behalf of respondent nos. 02 and 03 namely (the Collector, Saran at Chapra and the District Land Acquisition Officer, Saran at Chapra) is/are as follows:
10. that this Hon'ble Court, vide order dated 05.02.2026, was pleased to direct the Land Acquisition Officer, Saran, Chapra to visit the residence of the petitioners, get requisite forms filled up and make payment of due compensation within two weeks and submit compliance report;
11. that in respectful compliance of the aforesaid order, the District Land Acquisition Officer, Saran, Chapra along with the Additional Land Acquisition Officer, Head Clerk and Dealing Assistant visited the residence of the
4/8 petitioners on 13/02/2026 carrying the prescribed forms and necessary documents required for completion of payment formalities;
12. that the District Land Acquisition Officer, Saran remained present at the residence of the petitioners for a considerable period of time and made sincere and bona fide efforts to facilitate filling up of requisite forms and collection of necessary documents so that payment of compensation could be processed without further delay;
13. that the Petitioners were requested repeatedly and in good faith to fill up the prescribed forms and submit necessary documents including revenue records, identity proof and bank account details;
however, petitioner No. 1 Md.
Karimuddin Ansari declined to do so stating that the order dated 05.02.2026 does not specifically direct payment of
5/8 interest and that they intend to receive payment along with interest through further orders of this Hon'ble Court;
14. that Md. Masoom Ali, son of one of the petitioners, Nasaruddin was present at the time of visit and also expressed unwillingness to submit the documents at that stage;
15. that the entire proceeding took place in presence of the local Mukhiya, Md.
Jamil Ansari who signed the inspection memo prepared at the spot. The said Md.
Masoom Ali signed the inspection memo as a witness to the proceeding, whereas petitioner No. 1 Md. Karimuddin Ansari declined to sign the same. GPS Photographs of visit and interaction were also taken;
16. that the answering respondents most respectfully submit that they are ready and willing to disburse the due compensation amount forthwith upon
6/8 submission and verification of the requisite documents as required under the Act and the Rules framed thereunder;
17. that payment of compensation cannot be lawfully made without verification of ownership, identity and bank particulars of the claimants as mandated under statutory provisions.
(emphasis added)
5. Annexure-B series of the counter affidavit contains photographs showing Senior Officers of the District Administrator sitting in the premises of the petitioners.
6. Further, while Annexure-A series shows that the notices issued to the petitioners has been acknowledged by the petitioner no.1, Md. Karimuddin Ansari; Annexure-B shows the document signed by the officials as also the 'Mukhiya' of the Gram Panchayat, Kuraya acknowledging their presence.
7. This counter affidavit has been filed after service of copy to the learned counsel for the petitioners on 16.02.2026 and there is no rebuttal to it.
8.Pursuant to the order passed by a coordinate bench of this Court on 05.02.2026, the respondent D.L.A.O.,
7/8 Sitamarhi religiously followed the order and visited the petitioners' residence alongwith required documents, sat there, requested them to fill those documents and provide supporting documents. However, the petitioners not only refused to fill the papers, they actually chose to defy the order dated 05.02.2026 passed by the Court by insisting that the Court's order do not include the interest to be paid and as such they will not fill the forms/documents.
9. The stand of the respondents is/are very clear and rightly so that unless they are provided with the documents for the land showing the bonafide of the petitioners, they cannot proceed further. This Court has taken note of the unrebutted counter affidavit filed by the State. Clearly the petitioners are at fault.
10. This Court is of the opinion that any payment can be made only after the petitioners show their bonafide by providing documents and by filling papers and not otherwise. As they have chosen to look the other way, no further order can be passed.
11. Considering the development that took place following the order passed by the coordinate bench on 05.02.2026, at one stage, the Court wanted to dismiss the writ
8/8 petition with cost but refrains from doing so. It can only record that if good sense prevail upon the petitioners and they have the documents to support their claim vis-a-vis the lands, they can very well visit the office of the District Land Acquisition Officer, Saran at Chapra (respondent no.03) and provide the necessary documents, fill the requisite papers so that their claim can be expedited.
12. The writ petition is disposed of with the aforesaid observations.
(Rajiv Roy, J) Ravi/- U