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Patna High CourtCWJC/5837/2026disposed

Mukund Garg v. The State Of Bihar

2026-05-04Mr. Justice Rajiv Roy5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5837 of 2026 ====================================================== Mukund Garg Son of Jagdish Jha, Resident of Village- Ranipur, P.S.- Sadar, District- Darbhanga. At present- Resident of mohalla- Sainik Colony, Sector 49, P.O.- Faridabad Nit, P.S.- Faridabad, District- New Delhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The Divisional Commissioner, Darbhanga Division, District- Darbhanga. 4.

The Collector cum District Magistrate, District- Darbhanga. 5.

The District Land Acquisition Officer, District- Darbhanga. 6.

The Circle Officer, Block- Sadar, District- Darbhanga. 7.

Devki Nandan Mishra, Son of Late Hemnarayan Mishra, Resident of Village- Muraitha, P.O.- Kamtoul, P.S.- Jalley, District- Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prasoon Kumar, Adv.

For the Respondent/s :

Mr. Ajay Behari Sinha, GA-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-05-2026 Heard Mr. Pramod Mishra, learned counsel for the petitioner and Mr. Ajay Behari Sinha, learned GA-8.

2. The present application has been preferred for the following relief(s):

I. For issuance of writ/ writs, order/ orders, direction/ directions commanding and directing upon the Respondents concerned to take effective steps for cancellations of the L.P.C. of the private respondent in view of the order/

2/5 direction passed by the learned District Public Grievance Redressal authority regarding which the petitioner has filled specific representation dated 04/08/2025 which is still pending before the respondents authorities.

II. For a further direction upon the Respondent Land Acquisition officer, Darbhanga to take effective steps for recovery of compensation amount of Rs. 29, 35, 385/- (Twenty nine Lakhs Thirty Five thousand three hundred eighty five rupees) along with statutory interests which has been illegally been granted and on the basis of fraudulent L.P.C. issued by the Respondent Circle Officer, Sadar Darbhanga who without verifying the documentary evidence regarding having legal rights over the land in questioned and also ignoring the valid claim of the Bona- fide share holder of the land the entire amount of compensation has illegally been paid to private respondent despite the fact that the present petitioner has represented his claims several times but no action has been taken by the respondents concerned which is highly illegal and arbitrary in the eye of law.

III. And/or for any other relief or reliefs which the present petitioner is found entitled in the facts and circumstances of this

3/5 case.

3. The matter relates to a piece of land as recorded in paragraph 4 and read as follows:

Mauza Belladulla, Thana no. - 513, Khesra no. - 873 and 874, Anchal + P.S. - Sadar, District - Darbhanga in total area of 07 decimal.

4. Learned counsel for the petitioner submits that it belonged to him, the cousin brother (respondent no. 7) illegally took the compensation amount.

5. The matter traveled up to the office of the Divisional Commissioner, Darbhanga Division, Darbhanga when order came to be passed as informed by memo no. 276 dated 28.02.2026 (Annexure-P/6 to the petition) in which it has been taken note of that a certificate case has been preferred before the District Certificate Officer, Darbhanga;

6. In that background, it was directed that:

(i) the District Land Acquisition Officer, Darbhanga shall be conducting an enquiry and; (ii) ensure that the amount is realized from the person to whom the compensation amount has been wrongly paid and further it should be cleared in favour of the petitioner.

7. This Court has also taken note of the order passed by the District Public Grievance Redressal Officer wherein

4/5 having taken note of the illegal payment made to the concerned brother of the petitioner, direction was given to take appropriate steps against the Revenue Officials.

8. Learned State Counsel submits that the District Land Acquisition Officer, Darbhanga shall be following the dictates of the Divisional Commissioner, Darbhanga Division, Darbhanga in its letter and spirit.

9. Having heard the parties and after perusal of the record, this Court observes that it is unfortunate that for a piece of land for which the petitioner was entitled to the compensation, it was paid to a wrong person, Worst, when the petitioner is agitating the matter, despite an order passed by none-else than the Divisional Commissioner, Darbhanga Division, Darbhanga, the petitioner had to invoke the writ jurisdiction to ensure that the order stands complied.

10. In that background, with the consent of the parties, the writ petition is disposed of directing the respondent no 5, the District Land Acquisition Officer, Darbhanga to immediately take steps and ensure that the order of the Divisional Commissioner as contained in memo no. 276 dated 28.02.2026 is complied in its letter and spirit in accordance with law.

11. It is expected that the entire process shall be

5/5 completed by the end of this year if the petitioner prefers fresh representation in next four weeks.

(Rajiv Roy, J) Vijay Singh/- U