Basudev Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8705 of 2026 ====================================================== 1.
Basudev Mahto, Son of Dhaneshdhari Mahto, Resident of - Ward No. 9 Ekderwa, P.S. - Sihpur, District - East Champaran. 2.
Prabhu Prasad, Son of Arjun Prasad, Resident of - Ekderwa, P.S.- Sihpur, District - East Champaran.
3.
Basdev Sah, Son of Chhathu Sah, Resident of - Ekderwa, P.S. - Sihpur, District - East Champaran.
4.
Mozahir Miyan, Son of Late Rasul Miyan, Resident of- Ekderwa, P.S.- Sihpur, District - East Champaran.
5.
Jhulan Gupta, Son of late Achelal Sah, Resident of - Darpa, P.S. - Darpa, District- East Champaran.
... ... Petitioner/s
Versus
1.
The State of Bihar Through the Additional Chief Secretary, Department of Land Revenue, Government of Bihar, Patna.
2.
The Additional Chief Secretary Department of Land Revenue, Government of Bihar, Patna.
3.
The District Magistrate-Cum-Collector, East Champaran at Motihari. 4.
The Deputy Collector, Land Reforms.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Ranjan, Advcoate Mr. Sumit Kumar Srivastava, Advocate For the Respondent/s :
Dr. Md. Raisul Haque, S.C. - 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH ORAL ORDER 29-06-2026 Heard the parties.
2. The learned counsel for the petitioners prays for a direction to the respondents to make payment of compensation amount to the petitioners for land belonging to their forefathers, which has been acquired by the State way back in the year 1957-58 for construction and development of Raxaul Airport in the District of East Champaran, Motihari. Learned counsel for
Patna High Court CWJC No.8705 of 2026(2) dt.29-06-2026 2/3 the petitioners, however, at this stage, submits that even the copy of the award of compensation has not been provided to them, rendering them incapable of claiming due compensation from the authorities concerned.
3. As submitted, they have filed representation before the authorities, but perusal of the same discloses that there is no receiving by the authorities concerned.
4. The learned counsel for the State points out that the claim of the petitioners are hopelessly time barred because for the land already acquired in the year 1957-58, they are claiming compensation almost after 70 years, without producing relevant documents in support thereof. However, he is not averse to the prayer of the petitioners to file a proper application before the Collector, East Champaran, so that their claim may be considered in accordance with Section 64 of the 'Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 whereby the District Magistrate-cum-Collector may refer the matter before the appropriate authorities for consideration of the claim of compensation by the petitioners.
5. This writ application is disposed off with a liberty to learned counsel for the petitioners to file a proper
Patna High Court CWJC No.8705 of 2026(2) dt.29-06-2026 3/3 representation enclosing therewith all relevant and supporting documents substantiating their claim to have compensation from the authorities concerned within four weeks from the date of this order and thereafter, the District Magistrate-cum-Collector, East Chamaparan, Motihari, if satisfied from the averments made in the representation and documents appended thereto, may refer the matter to the appropriate authority for proper consideration of the claim of the compensation as put forward on behalf of the petitioners.
6. In terms of the mandate of the Act (supra), the appropriate authorities i.e. District Magistrate-cum-Collector has to act in a time bound manner, likewise the appropriate authority may have also to act in a time bound manner.
7. Accordingly, this writ application is disposed off. (Rana Vikram Singh, J) Saurabh.kr/ SupratimU