IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17660 of 2021 ======================================================

Bashishth Narayan Mahto @ Nunu Prasad Mahto Son of Babulal Mahto Resident of Village- Chhoti Balha, Ward No. 03, P.S.- Mansi, District-

Khagaria.

... ... Petitioner/s Versus

1. The State of Bihar Through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

2. The District Magistrate Saharsa.

3. The Land Acquisition Rehabilitation and Resettlement Authority, Saharsa.

4. The District Land Acquisition Officer Supaul.

5. Kaleshwar Kamat Son of Late Janak Kamat Resident of Village- Chainsingh Patti, P.S.- Supaul, District- Supaul.

6. Bechan Kamat Son of Late Dhaneshwar Kamat Resident of Village-

Chainsingh Patti, P.S.- Supaul, District- Supaul.

7. Shyamal Kishore Kamat Son of Late Dhaneshwar Kamat Resident of Village- Chainsingh Patti, P.S.- Supaul, District- Supaul.

8. Dukha Kamat Son of Late Dhaneshwar Kamat Resident of Village-

Chainsingh Patti, P.S.- Supaul, District- Supaul.

9. Umakant Kamat Son of Late Dhaneshwar Kamat Resident of Village-

Chainsingh Patti, P.S.- Supaul, District- Supaul.

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

Appearance :

For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Respondent/s : Mr. Raj Kishore Roy, (GP 18)

Mr. Viveka Nand Singh, AC to GP 18 ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

7 02-02-2026 Heard Mr. Pramod Mishra, learned counsel appearing on behalf of the petitioner and Mr. Raj Kishore Roy, learned GP 18 along with Mr. Viveka Nand Singh, learned AC to GP 18 for the State.

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

“1. That the petitioner above-

named prays for granting the following reliefs to the petitioner:-

i) To issue a writ in the nature of certiorari, setting aside the order dated 01.07.2021 passed by the Presiding Officer, Land Acquisition, Rehabilitation and Resettlement Authority, Saharsa in Authority Land Acquisition Case No.02/2016, by which he has illegally and without considering the material aspects regarding title over the land in question appertaining to Khata No.177, Kheshra No.1023 measuring area 0.45 acre (7 katha 15 dhurs) of village-Chainsigh Patti, P.S.-Supaul, District- Supaul which has been acquired under land bank scheme by the State Government. ordered to pay the compensation of the land in favour of the Respondents 2nd set, which is illegal and bad in the eye of law.

ii) To issue a writ of further certiorari, setting aside the subsequent decree dated 14.07.2021 prepared in pursuance mance of aforesaid order dated 01.07.2021 for making payment of compensation of the land in question in favour of Respondents 2nd set.

iii) To issue a writ of mandamus, commanding and directing the Respondent authority concerned to make payment of compensation of land in question to the petitioner who is legally entitled for the same in the facts and circumstances of the case.

iv) And/or any other relief or reliefs for which the petitioner is found entitled to in the facts and circumstances of this case.”

3. The brief facts of the case is that the petitioner is the lawful owner and is in cultivating position of the land appertaining to Khata No. 177, Kheshra No. 1023, measuring an area of 0.45 acre (7 katha 15 dhurs), situated at village Chainsigh Patti, P.S. Supaul, District Supaul, which he has inherited from his ancestors (Babu Lal Mahto, father of the petitioner), in the year 1976 on the basis of family partition.

Since then he has been in peaceful physical possession and Jamabandi No. 1019 stands in his name. Subsequently, the above mentioned land was acquired by the State Government under Land Acquisition Case No. 185/2014-15, and compensation amounting to Rs. 11,07,000/- was determined vide order dated 20.09.2015 pass