Fazalur Rahman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16626 of 2023 ====================================================== 1.
Fazalur Rahman S/O - Zahoor Ali, R/o Ward No. 11 Bagalbari, P. O and P.S. Kochadhaman, District- Kishanganj, Pin code-855107. 2.
Hamful Khatoon, W/O - Fajalur, R/O - Bagalbari Ward no. 11 Bagalbari, P.O. and P.S.- Kochadhaman, District- Kishanganj, Pin code- 855107. 3.
Rafique Alam, S/O - Johar Ali, R/O - Kochadhaman Ward no. 11 Bagalbari, P.O. and P.S - Kochadhaman, District- Kishanganj, Pin Code- 855107. ... ... Petitioner/s
Versus
1.
The State of Bihar through District Magistrate, Kishanganj. 2.
Land Acquisition Officer, Kishanganj District - Kishanganj. 3.
Circle Offocer, Kochadhaman District - Kishanganj. 4.
Anchal Amin Kocha Dhaman Circle , District - Kishanganj. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Shahnawaz Ali, Advocate :
Mr. Padmanabh Kashyap, Advocate For the State :
Mr. Rishi Raj Sinha. SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-04-2026 Heard Mr. Md. Shahnawaz Ali, learned counsel for the petitioners and learned State counsel.
2. The present petition has been preferred for the grant of following relief(s):
"(i) for order and direction in the nature of mandamus directing and commanding the respondent authority no. 2 to make payment of amount of award/compensation of 34 decimal land situated at Kocha Dhaman circle district Kishanganj under mauja Singhia Chakandra vide its sale deed no. 3330 dated 16.04.2010,
Patna High Court CWJC No.16626 of 2023(2) dt.27-04-2026 2/3 sale deed no. 4388 dated 14.10.1998, sale deed no.2906 dated 27.04.2004 and sale deed no. 701 dated 09.02.1999 bearing than no.56, Khata no. 68 plot no (Khesara No.) 376 measuring a total area one acre 29 decimal out of which compensation of 95 decimal was given and rest 34 decimal is still outstanding which was acquired by respondent no. 2 for installation of power grid, be issued."
3. A counter affidavit has come and paragraph no.19 read as follows:
"19. That the averment made in para no.-08 to 12 of this petition, it is most humbly and respectfully stated and submitted that as stated in above paras, land falling in CircleKochadhaman, Mauza-Singhia Chanandra, Thana No.56, Khata No.68, Khesra No.376 has total area-6.75 Acres as per records of right and the entire area 6.75 Acres has been acquired and compensation of the entire area 6.75 Acres has been provided to each and every raiyats as per Land Possession Certificates issued from this
Patna High Court CWJC No.16626 of 2023(2) dt.27-04-2026 3/3 Respondent no.-03. The Circle Officer, Kochadhaman, hence no any land is left for being paid for compensation and the entire claims of writ petitioners are totally false, fictitious, forged, fabricated and full of wrong statements for filing this false writ at the instigation of some fertile brain for wrongful gain, which is neither sustainable in the eye of law nor sustainable in the eye of facts."
4. Learned counsel for the petitioners submit that they shall be approaching the appropriate authority/court to show/demonstrate that the entire compensation has not been paid and he still owe compensation for 34 decimal of land.
5. Though paragraph no.19 of the counter affidavit has already been recorded, if the petitioner want liberty, the same is allowed.
6. The writ petition is disposed of with the aforesaid observation.
(Rajiv Roy, J) vinayak/- U