Pankaj Kumar Panjiyar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.335 of 2026 ====================================================== Pankaj Kumar Panjiyar Son of Ram Narayan Panjiyar, resident of MohallaNear Krishna Chothak, Bhakarganj, Axmi, P.O.-Laheriyasarai, P.S.- Laheriyasarai, District-Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Old Secretariat, Patna. 2.

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

3.

The Director, Land Acquisition and Rehabilitation, Government of Bihar, Patna.

4.

The Divisional Commissioner, Darbhanga.

5.

The District Magistrate cum Collector, Darbhanga. 6.

The Competent Authority cum District Land Acquisition Officer, Darbhanga.

7.

The Circle Officer, Darbhanga.

8.

Project Director, AIIMS, Darbhanga.

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

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra, Sr. Advocate Ms. Adya Pandey, Advocate For the State :

Dr. Md. Raisul, SC-10 Mr. K.K. Singh, AC to SC-10 For the Resp. No. 8 :

Mr. Binay Kr. Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-07-2026 Learned Senior Counsel for the petitioner, Mr. Sanjeev Kumar Mishra, prays for and is permitted to correct the district of respondent Nos. 4 to 7.

2. He further undertakes to donate a book worth Rs. 1,000/- to the Advocates' Association and the receipt of the same shall be filed in the office.

3. Heard Mr. Sanjeev Kumar Mishra, learned Senior

2/4 counsel for the petitioner duly assisted by Ms. Adya Pandey, Mr. Binay Kr. Pandey, learned counsel representing the respondent no. 8 and Mr. Krishnakant Singh, learned AC to SC-10.

4. The present petition has been preferred for the following relief(s):

(i) To quash the notices dated 10.02.2024, 18.06 2024 24.08.2024 whereby and whereunder the land acquisition proceeding was started with respect to land situated at MauzaBalia, Thana Bahadurpur, Thana no. 120/2, Circle Bahadurpur, District Darbhanga bearing Khesra no. 160, 161, 162, 163 and 165admeasuring area 3 bigha, 5 katha and 6 dhur, which belongs to the petitioner whereas no notice has ever been issued upon the petitioner who holds the title of the said land.

(ii) For direction upon the respondent authorities to follow proper procedures for acquisition of the land of the petitioner situated at MauzaBalia, Thana Bahadurpur, Thana no. 120/2, Circle Bahadurpur, District Darbhanga bearing Khesra no. 160, 161, 162, 163 and 165 admeasuring area- 3 bigha, 5 katha and 6 dhur, before proceeding with construction upon the property since neither any

3/4 notice has been served nor any compensation has been awarded to the petitioner.

(iii) For declaration that the acquisition has not taken place pursuant to the impugned notices as till date compensation amount has not been paid to the petitioner.

(iv) For issuance of an appropriate writ for direction upon the respondent authorities to pay fair compensation to the petitioner in terms of the provisions of the Right to Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 (hereinafter referred to as the Act) treating the land as commercial in nature after setting aside the inquiry, if any, conducted by the respondent authorities in this regard behind the back of the petitioners and also including the compensation of the damaged construction on the building and the costs of land filling where the petitioner has invested more than Fifty lacs rupees (Rs. 50,00,000/-).

(v) During the pendency of the writ petition payment of compensation of the land in question may not be made in favour of previous

4/4 owner of the land as recorded in the Revisional Survey Records.

(vi) Any other order or orders as your Lordships may deem fit and proper in the facts and circumstances of the case be granted to the petitioner."

5. After some argument, learned Senior counsel for the petitioner submits that it will suffice if his case is entertained by the District Land Acquisition Officer, Darbhanga.

6. Learned State counsel as also learned counsel representing the respondent no. 8 have no objection to it.

7. In that background, the writ petition stands disposed of allowing the petitioner to agitate the matter before the competent authority-cum-District Land Acquisition Officer, Darbhanga (respondent no. 6) who shall be taking the matter to its logical conclusion, in accordance with law, at an earliest. (Rajiv Roy, J) Adnan/- U