Braj Kishor Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22472 of 2018 ====================================================== Braj Kishor Singh S/o Chandrika Singh, R/o Mauza-Chikni, Ward No. 1, P.O.- Jokiyari, P.S.- Raxaul, District- East Champaran. ... ... Petitioner/s
Versus
1.
The State Of Bihar and Ors 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 Acqusition 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 9.
The Secretary, Border Management Ministry of Home Affairs, Government of India, North Block, New Delhi.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Mallika Mazumdar, Adv.
For the Respondent/s :
Mr. Anshay Bahadur Mathur, CGC For the State :
Mr. B.P. Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-11-2025 Heard Mrs. Mallika Mazumdar, learned counsel for the petitioner, Mr. Anshay Bahadur Mathur representing the Union of India and B.P. Singh for the State.
2. The present application has been preferred: for a direction for payment of of the money to the farmers whose land have 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
Patna High Court CWJC No.22472 of 2018(2) dt.04-11-2025 2/3 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 respondent nos. 8 and 9 ('the SSB') and different paragraphs show that way back in the year 2016-17, the payments were made to the district administration for making payment of compensation to the land owners. They have already constructed their headquarter on the land in question.
6. As usual, despite the passage of seven years, there is no counter affidavit on behalf of the State respondents and as such, it is not clear whether the twenty per cent amount has been paid to the petitioner or not.
7. Instead of keeping the case pending and imposing cost upon the respondents, the writ petition need to be disposed of with the following order:
(i) if the payment of twenty per cent has been made to the petitioner, no further
Patna High Court CWJC No.22472 of 2018(2) dt.04-11-2025 3/3 step is to be taken;
(ii) if the payment has not been made, the district administration is dutybound to pay the amount by 20.11.2025; (iii) if the payment has not been made and still not cleared by 20.11.2025, 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 December 2025, the petitioner shall be entitled to a cost of Rs. 10,000/- along with the nine per cent interest which has already been ordered in the present case.
8. Let a copy of the order be sent to the office of Collector, East Champaran, Motihari for his perusal and necessary action.
(Rajiv Roy, J) Vijay Singh/- U