IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17999 of 2021 ======================================================

Dinesh Chandra Mandal Son of Late Pancham Mandal Resident of Village-

Patam, Naya Tola Police Station-Patam District-Munger.

... ... Petitioner/s Versus

1. The Union of India

2. The Chairman Railway Board delhi 256-A Raisina Road rajpath Area Central Secretariat New Delhi.

3. The General Manager Eastern Railway, Kolkata Eastern Railway Fairlie Place 17, Netajee Subhash Road Kolkata (West Bengal).

4. The Divisional Railway Manager Malda, D.R.M. office, D.R.M. Building, Eastern Railway, Malda.

5. The Deputy Chief Enginer (Construction) Eastern Railway, Jamalpur, Munger.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mrs. Sushmita Mishra, Advocate For the Respondent/s : None.

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL JUDGMENT

Date : 02-02-2026 No one appears on behalf of the respondent/s.

2. Heard Mrs. Sushmita Mishra, learned counsel appearing on behalf of the petitioner.

3. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, following relief(s), which is reproduced hereinafter:-

"(i) for the issuance of a rule in the nature of writ of Mandamus for a direction upon the respondent authorities to pay adequate compensation with due interest to the petitioner for construction of northern side of Railway Platform and extending it and doubling the track at Patam Halt in the distrcit of Munger on major part of the homestead land of the petitioner appertaining to Khata No. 525, Khesra No. 176, consisting an area of 74^1/2 decimal in Mauza Patam P.S.- Muffasil Sub Registry Munger District Munger without initiating any land acquisition proceeding much less issuance of any notice for proposed acquisition.

(ii) for a direction upon the respondent authorities to follow properly the provisions contained in Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (For short- The Act)."

4. The brief facts of the case are that the petitioner claims right, title, and possession over land appertaining to Khata No. 525, Khesra No. 176, measuring 74½ decimals, situated at Mauza Patam, P.S. Muffasil, Sub-Registry Munger, District Munger, which was originally purchased by his grandfather, late Bhaglu Mandar @ Bhaglu Mandal, through a registered Sale Deed dated 15.09.1938, and thereafter devolved upon his father, late Pancham Mandal, whose name was mutated and rent receipts were issued, and upon his death, the petitioner claims to have succeeded and remained in possession. The grievance of the petitioner is that the respondent Railway authorities, while undertaking doubling of the railway track and construction/extension of the railway platform at Patam Halt near Rail Mile/Pole Nos. 353/8, 353/9, 354, have occupied and utilized a substantial portion of the said land without initiating any land acquisition proceeding, without issuing notice, and without paying compensation, despite the land being homestead in nature and allegedly worth about Rs. 1.5 crores. It is stated that the petitioner, who presently resides at Bhagalpur, came to know about the construction subsequently and issued a legal notice dated 04.03.2020 demanding compensation with interest, but no action was taken, compelling him to approach this Court alleging violation of statutory provisions relating to land acquisition and infringement of his constitutional right to property under Article 300A of the Constitution of India.

5. Learned counsel appearing on behalf of the petitioner submitted that the claim of the petitioner is based on two evidences, which have not been disputed by the respondent/s in spite of legal notice having been issued on 04.03.2020 (Annexure-4 to the writ petition). Jamindari return is contained in 'Annexure-2 to the writ petition' and