Nirhu Musahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10429 of 2025 ====================================================== 1.

Nirhu Musahar Son of Nandu Musahar, Resident of village -Dharahara, P.S. - Durgawati, District - Kaimur at Bhabua.

2.

Raj Kumar Musahar, Son of Brijmohan Kumar, Resident of village -Dharahara, P.S. - Durgawati, District - Kaimur at Bhabua. 3.

Basant Musahar, Son of Gayan Musahar, Resident of village -Dharahara, P.S. - Durgawati, District - Kaimur at Bhabua. 4.

Dharbharan Musahar, Son of Ram Vilas Musahar, Resident of village -Dharahara, P.S. - Durgawati, District - Kaimur at Bhabua. 5.

Markandey Musahar, Son of Soonder Musahar, Resident of village -Dharahara, P.S. - Durgawati, District - Kaimur at Bhabua. 6.

Virendra Musahar, Son of Maina Musahar, Resident of village -Dharahara, P.S. - Durgawati, District - Kaimur at Bhabua. 7.

Jagu Musahar, Son of Molu Musahar, Resident of village -Dharahara, P.S. - Durgawati, District - Kaimur at Bhabua.

8.

Jitu Musahar, Son of Telu Musahar, Resident of village -Dharahara, P.S. - Durgawati, District - Kaimur at Bhabua.

9.

Munna Musahar, Son of Balrup Musahar, Resident of village -Dharahara, P.S. - Durgawati, District - Kaimur at Bhabua. 10.

Badan Musahar, Son of Jhulan Musahar, Resident of village -Dharahara, P.S. - Durgawati, District - Kaimur at Bhabua.

11.

Shivlochan Musahar, Son of Ramsurat Musahar, Resident of village -Dharahara, P.S. - Durgawati, District - Kaimur at Bhabua. 12.

Nanhu Musahar, Son of Kashi Musahar, Resident of village -Dharahara, P.S. - Durgawati, District - Kaimur at Bhabua.

13.

Haricharan Musahar, Son of Chaturi, Resident of village -Dharahara, P.S. - Durgawati, District - Kaimur at Bhabua.

14.

Rajendra Musahari, Son of Suraj Musahar, Resident of village -Dharahara, P.S. - Durgawati, District - Kaimur at Bhabua. 15.

Ramsurat Musahar, Son of Kariman Musahar, Resident of village -Dharahara, P.S. - Durgawati, District - Kaimur at Bhabua. 16.

Ramasharaya Musahar, Bajarangi Kunwar, Resident of village -Dharahara, P.S. - Durgawati, District - Kaimur at Bhabua. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, Land Development Department, Government of Bihar, Patna.

2.

The District Collector, Kaimur at Bhabua.

3.

The District Land Acquisition Officer, Kaimur at Bhabua. 4.

The Union of India,Through Divisional Railway Manager,D.D.U,East Central Railway Division X

Patna High Court CWJC No.10429 of 2025(3) dt.28-04-2026 2/3 5.

The General Manager,Din Dayal Upadhaya (D.D.U.), East Central Railway, Bihar.

6.

The District Railway Manager, Bhabua Road Railway Station named as Kaimur at Bhabua.

7.

The Station Head, Dhanicha, Block Halt Railway Station on the Grand Chond Line in between Durgawati and Karmanasa Railway Station. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shovendra Kumar, Adv.

For the Respondent/s :

Mr. Additional Solicitor General ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-04-2026 Heard the parties.

2. The present application has been preferred: for service in Railway or for compensation to the petitioners for their land acquisition for the construction of Dhanicha Block Halt Railway Station attached quarters on Grand Chord Line located in between Durgawati and Karmanasa Railway Station in the District of Kaimur at Bhabua comes in within the Din Dayal Upadhyay (D.D.U.), East Central Railway Zone. Land detail bearing Khata No.175, Plot No.1080, 1081, 975, 976, 977, 978 & 804, Total 28.80 acres without notice or followed procedure of law.

3. After some argument, learned counsel for the petitioners submit that they be permitted to individually approach the Collector, Kaimur at Bhabua to show their bonafide that they being landless, earlier, were allowed to reside

Patna High Court CWJC No.10429 of 2025(3) dt.28-04-2026 3/3 on the area that has now been used by the railways for the Grant Chord Line between Durgawati and Karmanasa Railway Station in the district of Kaimur. As such, they have once again become landless and need shelter/protection for them/ family.

4. Learned State Counsel submits that if they individually approach the Collector, Kaimur at Bhabhua, it will be considered and necessary order shall be passed in accordance with law.

5. In that background, the writ petition is disposed of allowing the petitioners to individually approach the Collector, Kaimur at Bhabua in next eight weeks, show their bonafide of being landless whereafter, the concerned Officer shall seek report and after hearing the parties, shall be passing a reasoned order in accordance with law.

6. The writ petitioner is disposed of with aforesaid observation.

(Rajiv Roy, J) Vijay Singh/- U