Harsh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18072 of 2018 ====================================================== Harsh Kumar S/o Late Jyoti Prasad Singh, Resident of Mohalla- K.M. Tank, P.S.- Leheriasarai, District- Darbhanga.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

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

3.

The Commissioner, Darbhanga Division, Darbhanga. 4.

The Collector, Darbhanga.

5.

The Additional Collector, Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shankar Kumar Thakur, Advocate For the State :

Mr. Dhurjati Kumar Prasad (GP-14) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-11-2025 Heard the parties.

2. The present petition has been preferred for the following relief(s):- (i) For quashing the order dated 01.03.2018 passed in Land Ceiling (Surplus) Appeal Case No. 03/2015 (Harsh Kumar Versus The State of Bihar and others) by the Commissioner, Darbhanga Division, Darbhanga (i.e. Respondent no. 3) whereby and where-under the land ceiling case no. 06./2015 filed by the petitioner to determine the rate of compensation amount as per the rate existed on the date of actual

Patna High Court CWJC No.18072 of 2018(6) dt.10-11-2025 2/3 determination of compensation amount and to pay interest on the determined amount at the rate of 12% per annum, has been rejected affirming the order of the collector dated 10.10.2011.

(ii) for quashing order dated 10.10.2011 passed in Miscellaneous Case No. 44/2010-11 by the Collector, Darbhanga (i.e. the Respondent no.

4) whereby and where- under the respondent no. 4 has fixed the amount of compensation at the rate of 2.5% per annum as a simple interest on the determined compensation amount of RS. 46,597/- from the date of acquisition of surplus land under Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 till the date of making actual payment.

The petitioner further prays for issuance of a writ in the nature of Mandamus:

(iii) for direction to the concerned respondent authorities to determine the amount of compensation at the rate recently fixed by the state government and to pay the compound interest at the rate of 12% per annum from the date of

Patna High Court CWJC No.18072 of 2018(6) dt.10-11-2025 3/3 acquisition i.e. 01.02.1976 of surplus land till the date of making actual payment.

The petitioner further prays for issuance a writ/writs, order/orders and direction/directions for following relief/reliefs for which the petitioner is entitled in the facts and circumstances of the case."

3. After some arguments, learned counsel for the petitioner submits that he be allowed to approach the Bihar Land Tribunal, Patna for redressal of the grievance/against the order dated 01.03.2018 passed by the Commissioner, Darbhanga Division, Darbhanga (Respondent no.3).

4. As such, granting the aforesaid liberty without commenting on the merit of the case, the present writ petition stands disposed of.

5. Needless to add, if such petition is filed in next four weeks, the concerned tribunal shall take into account the fact that matter was pending before this Court.

(Rajiv Roy, J) Divyansh/- U