Ram Lal Mahto And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22386 of 2018 ====================================================== 1.

Ram Lal Mahto and Anr Son of Late Jhingur Mahto. 2.

Meghu Mahto, Son of Ram Lal Mahto, Both are Resident of VillageBarwakhurd, P.S.-Kundwa Chainpur, District-East Champaran, Motihari. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Principal Secretary, Land Acquisition Department, Govt. of BIhar, Patna.

3.

The Director, Land Acquisition and Rehabitation Water Resources Department, Govt. of Bihar.

4.

The District Magistrate/Collector, East Champaran, Motihari. 5.

The Special Land Acquisition Officer, East Champaran, Motihari. 6.

The District Land Acquisition Officer, East Champaran, Motihari. 7.

The Sub Divisional Officer, Sikrahana Dhaka, East Champaran, Motihari. 8.

The Land Reform Deputy Collector, Sikrahan, Dhaka, East Champaran, Motihari.

9.

The Anchaladhikari, Ghorasahan, District-East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra, Adv.

For the Respondent/s :

Mr. Akhileshwar Singh, AC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-11-2025 Heard Ms. Isha Mishra, learned counsel for the petitioner and the State.

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

for issuance of the writ nature of mandamus for direction to the respondents for payment of the compensation of the acquired land of the petitioners, which land is residential land but respondents have not

Patna High Court CWJC No.22386 of 2018(2) dt.04-11-2025 2/3 paid the compensation as per the guideline of the Respondents and further issue direction to respondents to pay the compensation as residential land to the petitioners which have been acquired by the respon dents for construction of the Road namely Border Road of India-Nepal and further issued direction to respondents to pay the compensation of land with interest to till ful and final pay -ment and further give other legal consequential benefits.

3. The counter affidavit has come on behalf of the respondent nos. 3 and 5 and the details have already been incorporated in it.

4. The submission of learned State Counsel is that in case, the petitioner/heirs is/are aggrieved by the categorization of land, she/they should have moved before the Arbitrator-cumDivisional Commissioner, Tirhut Division, Muzaffarpur for the redressal of the grievance.

5. In that background, the writ petition is disposed of allowing the petitioner/heirs to move before the aforesaid authority in next four weeks. Needless to add, if such petition is preferred, the competent authority should see to it that the writ petition was pending before this Court since the year 2018 while dealing with the limitation petition.

Patna High Court CWJC No.22386 of 2018(2) dt.04-11-2025 3/3

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

(Rajiv Roy, J) Vijay Singh/- U