Tapan Das @ Tapan Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2737 of 2026 ====================================================== Tapan Das @ Tapan Kumar Das S/o- Upendra Das @ Upendro Das R/o- Vill.- Uttar Rampur, P.O.- Chapore, Sub-District- Goalpokhar, District- Uttar Dinajpur, State- West Bengal.
... ... Petitioner/s
Versus
1.
The State of Bihar through Additional Chief Secretary, Land Reform and Revenue Dept., Government of Bihar.
2.
Additional Chief Secretary, Land Reforms and Revenue Dept., Government of Bihar.
3.
Collector, Kishanganj.
4.
Appropriate Tribunal cum District Land Acquisition Officer, Kishanganj. 5.
Anchal Adhikari, Kishanganj.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheonandan Prasad Singh, Sr. Advocate Mr.Kumar Sameer, Advocate For the Respondent/s :
Mr.Prashant Pratap, Government Pleader (02) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-02-2026 Heard Mr. Sheonandan Prasad Singh, Sr. Advocate along with Mr. Kumar Sameer, learned counsel appearing on behalf of the petitioner and Mr. Prashant Pratap, learned GP 2 for the State.
2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia following relief(s), which is reproduced hereinafter:- "That this application is being filed for issuance of appropriate writ order or direction to
2/4 respondents to pay the compensation of the land described in paragraph no.3 of the petition to the petitioner according to the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with statutory interest upon the same till date of actual payment."
3. Mr. Sheonandan Prasad Singh, learned Senior Advocate along with Mr. Kumar Sameer, learned counsel appearing on behalf of the petitioner submitted that the present writ petition has been filed for making payment of due compensation as per the award prepared in Prapatra IV [notice issued under Section 37(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 30 of 2013].
4. Learned counsel further submitted that despite the award having been duly prepared and the amount of compensation having been communicated, the Land Acquisition Officer, for the reasons best known to him, is not making payment of the compensation amount to the petitioner so determined, calling for interference of this Court.
5. Per contra, Mr. Prashant Pratap, learned GP-2 appearing on behalf of the State submitted that the petitioner has sought to invoke the writ jurisdiction of this Hon'ble Court without establishing any grounds warranting interference. He submitted that in absence the petitioner having made his claim
3/4 before the Land Acquisition Officer in the duly filled requisite form, no action could be taken. Learned counsel also submitted that the Land Acquisition Officer, Kishanganj is duty bound to act, in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in case, the petitioner approaches the Land Acquisition Officer along with the duly filled requisite form in support of his claim to receive the amount of compensation.
6. Heard the parties.
7. Having considered the rival submissions made on behalf of the parties and in view of the admitted fact that the State has not disputed the amount of the compensation contained in Prapatra IV [notice issued under Section 37(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 30 of 2013] to the petitioner.
8. The District Land Acquisition Officer is directed to extend full cooperation and provide all requisite statutory forms to the petitioner so that the petitioner is not deprived of the admitted compensation amount for which notice was issued in the year 2023 forthwith.
4/4
9. With the above observation/direction, the present writ petition stands disposed of.
(Purnendu Singh, J) chn/- U .