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Patna High CourtCWJC/10137/2026disposed

Mrityunjay Kumar v. The State Of Bihar

2026-07-14Mr. Justice Rajiv Roy5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10137 of 2026 ====================================================== Mrityunjay Kumar s/o - Bansidhar Pandey, R/o Vill- Barundih, PS - Barun, Dist - Aurangabad ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Collector, Aurangabad. 2.

The District Collector, Aurangabad, Dist-Aurangabad. 3.

The Additional Collector, Aurangabad, Dist-Aurangabad. 4.

The Land Acquisition Officer, Dist - Aurangabad 5.

The Competent Authority cum Deputy Collector, Land Reforms, Aurangabad, Dist - Aurangabad.

6.

The Anchal Adhikari, Barun, Dist - Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Bihari Tiwary, Advocate For the Respondent/s :

Mr.Government Pleader (19) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-07-2026 Heard Mr.Brij Bihari Tiwary, learned counsel for the petitioner and the State.

2. The present petition has been preferred for the following relief/s:

(i) in the nature of "Mandamus" directing and commanding the respondent authorities for payment of compensation amount to the petitioner for the land which has been acquired by the respondents along with interest as per the provision of the Land Acquisition Act, 2013;

2/5 (ii) for issuance of any other relief or reliefs for which the petitioner is entitled for.

3. The petitioner is batting for his wife, Meenkshee Pandey and submits that henceforth for all practical purposes, petition shall be filed on her behalf and not on behalf of the petitioner.

4. The details of the land has been incorporated at paragraph-04 of the petition.

5. At the outset, learned counsel for the petitioner submits that in the case of Rajendra Prasad Singh versus The State of Bihar & Ors. (C.W.J.C. No. 15209 of 2023), this Court disposed it of on 16.03.2026 with direction with the Collector, Aurangabad to look into the matter and pass a reasoned order within a time frame.

6. Paragraph 6 of the order passed in Rajendra Prasad Singh read as under:

10. having heard the parties and it appears that the ancestor of the petitioner has got the land in question and received the same from the erstwhile landlord and the name of father of the petitioner was entered in

3/5 Register-II and after death of his father, the petitioner has also paid the rent to the authority concerned till 2022 and without verifying the same, the order dated 07.07.2022 jointly passed by learned L.R.D.C and Sub Divisional Officer, Aurangabad in Title Verification Case No: 35/2020-2021 and order dated 09.02.2023 passed in the Title Verification Case No.

35/2020-2021 by the Add. Collector and Collector, Aurangabad;

11. in view of the aforesaid, the order dated 07.07.2022 jointly passed by learned LRDC and Sub Divisional Officer, Aurangabad in Title Verification Case No. 35/2020-2021 and order dated 09.02.2023 passed in the Title Verification Case No.

35/2020-2021 by the Add. Collector and Collector, Aurangabad are set aside and State shall be at liberty to

4/5 file a suit if it challenged the settlement in favour of the predecessor-in-interest of the petitioner and Jamabandi in their favour but filing of the Title Suit by the State will not deny the compensation amount which is to be paid to the petitioner pursuant to the land having been acquired by the competent authority;

12. accordingly, this writ application stands allowed.

7. In that background, following the said order, it would be appropriate to allow the petitioner to approach the Collector, Aurangabad alongwith all the relevant documents including the order dated 16.03.2026 passed in Rajendra Prasad Singh (supra) case and the subsequent development that has been taken place resulting into the issuance of the letter issued by the competent Officer cum Deputy Collector, Land Reforms Department, Aurangabad.

8. If such petition is preferred in next four weeks, the Collector, Aurangabad is duty bound to look into the matter, the

5/5 claim of the petitioner and after hearing the parties, shall pass a reasoned order within a period of three months from the date the petition/representation is received in his/her office.

9. Needless to add, if it is found that the case of the petitioner is similar to that of Rajendra Prasad Singh (supra) and the Collector, Aurangabad passed an order to this effect, the natural consequences must follow within the period of next two months from the date, the order is passed by the Collector, Aurangabad.

10. With the aforesaid observation, the writ petition is disposed of.

(Rajiv Roy, J) Ravi/- U