Shantosh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23219 of 2018 ====================================================== Shantosh Sah S/o Late Laxmi Sah R/o Village- Chikni, P.S.- Raxaul, Jakiyari, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar through its Chief Secretary, Old Secretariat, Bihar, Patna. 2.

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

3.

The Principal Secretary, Department of Home, Bihar, Patna. 4.

The Director, Land Acquisition, Bihar, Patna. 5.

The Joint Secretary, Department of Home, Bihar, Patna. 6.

The Collector, Motihari.

7.

The Land Acquisition Officer, Motihari.

8.

The Union of India, through the Ministry of Home Affairs, Government of India, through the Secretary, North Block, New Delhi. 9.

The Secretary, Border Management Ministry of Home Affairs, Government of India, North Block, New Delhi.

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

For the Petitioner/s :

Ms. Mallika Mazumdar, Adv.

Mr. Prem Kumar, Adv.

For the Respondent/s :

Mr. Raj Kishore Roy, GP-18 For UOI :

Mr. Manoj Kumar Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-11-2025 Heard Ms. Mallika Mazumdar, learned counsel for the petitioner and the State.

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

direction for payment of of the money to the farmers whose land have been acquired in 2011 by S.S.B. (Seema Surkhsa Bal) for Construction of its Head Quarters in Mauza Chikni, District E. Champaran. And the entire

Patna High Court CWJC No.23219 of 2018(2) dt.11-11-2025 2/3 compensation money has not been paid to farmers. The rest money should be paid with interest amount. That the remaining amount should be paid as per new Act.

3. The petitioner's land was taken by the Sashastra Seema Bal (henceforth for short, 'the SSB') through the district administration in the year 2011 for the construction of its headquarter at East Champaran.

4. The claim of the petitioner is that though 80 per cent of the amount was paid, for twenty per cent, the farmers had to move from pillar to post without any payment forcing him to file this writ petition.

5. A counter affidavit has come on behalf of the District Land Acquisition Officer, East Champaran, Motihari and as per the undertaking given in paragraph 10 (affidavit filed on 27.09.2019), the amount shall be cleared in two months.

6. We are in the year 2025 and the submission of Ms. Mazumdar, learned counsel for the petitioner is that till date, the payment has not been made as per her instruction.

7. She has taken this Court to an order of Braj Kishor Singh Vs. State of Bihar (CWJC No. 22472 of 2018) disposed of on 04.11.2025 in which this Court had taken note of the aforesaid fact and the same was disposed of with appropriate order for making payment.

8. In that background, the following order is/are passed:

Patna High Court CWJC No.23219 of 2018(2) dt.11-11-2025 3/3 (i) if the payment of twenty per cent has been made to the petitioner, no further step is to be taken;

(ii) if the payment has not been made, the district administration is duty-bound to pay the amount by 31.12.2025;

(iii) if the payment has not been made and still not cleared by 31.12.2025, an interest of nine per cent is to be calculated with the pending twenty per cent amount till the actual payment is made.

(iv) the responsibility be fixed on the official who delayed the payment of amount and the said extra amount of nine per cent interest shall be realized from the pocket of the said official;

(v) if the payment has not been paid and the district administration fails to pay by 31st January 2025, the petitioner shall be entitled to a cost of Rs. 10,000/- along with the nine per cent interest which has already been ordered in the present case.

8. Let a copy of the order be sent to the office of Collector, East Champaran, Motihari for his perusal and necessary action. (Rajiv Roy, J) Vijay Singh/- U