IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9743 of 2024 ====================================================== Sunil Kumar Singh Son of Late Mahanth Lal Das, Resident of Village- Reganiya, P.O. - Bijbani, P.S.- Bijbani, P.S.- Jitna, Anchal- Bankatwa, District - East Champaran ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2. The Principal Secretary, Road Construction Department, Government of Bihar, Patna. 3. The Collector, East Champaran at Motihari. 4. The District Land Acquisition Officer, East Champaran at Motihari. 5. The Additional Collector, East Champaran at Motihari. 6. The Executive Engineer, Path Lower Division, Dhaka, East Champaran. 7. The Assistant Engineer, Path Lower Division, Dhaka, East Champaran. 8. The Circle Officer, Bankatwa, East Champaran. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Karandeep Kumar For the Respondent/s : Mr. Government Pleader 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 5 07-07-2025 Heard learned counsel for the petitioner and learned AC to GP-23. 2. The counter affidavit filed on behalf of the District Magistrate, East Champaran, Motihari is kept on record. 3. The learned counsel appearing on behalf of the petitioner submits that the instant writ application has been filed for a direction upon the authorities to remove the raiyati land of the petitioner pertaining to Khata No. 3, Khesra No.585, Mauza- Bijbani, Tola- Reganiya, Thana- Jitna, Anchal- Bankatwa, Patna High Court CWJC No.9743 of 2024(5) dt.07-07-2025 2/5 District- East Champaran, having an area of 124 decimal land from the acquisition list of the land which has been illegally acquired for construction of road under India-Nepal Border Road Project as gairmazarua land. Further, for a direction upon the respondent authorities to acquire the aforesaid raiyati land of the petitioner for the purpose of the said project and to pay compensation to the petitioner. Further, to direct the respondents not to declare the aforesaid raiyati land of the petitioner as gairmajarua land. 4. The learned counsel appearing on behalf of the petitioner submits that for the purposes of constructing India- Nepal Border Road Project, land was acquired of several persons by the District Land Acquisition Officer, East Champaran, Motihari. It is submitted as the land of the petitioner pertaining to Khata No.3, Khesra No.210, Area-20 decimal and Khesra No.701, Area-0.93 decimal at Mauza- Bijwani, Thana No.6 was also acquired and the petitioner was duly compensated. It is next submitted that petitioner is also owner of Khesra No.585 which also pertains to Khata No.3. It is submitted that 124 decimal land from Plot No.585, pertaining to Khata No. 3, was also acquired but then the same was not included in the list of acquisition on the ground that the land Patna High Court CWJC No.9743 of 2024(5) dt.07-07-2025 3/5 was Government land. It is submitted that when Khesra No.210 and 701 of Khata No.3 was acquired for the aforesaid project, the same was treated to be raiyati land of the petitioner and the petitioner was compensated but when 124 decimal land of Plot No.585, pertaining to Khata No.3 has been acquired, the authorities did not include the said 124 decimal land of Plot No.585 in the acquisition list on the ground that the same is Government land when the land belongs to the petitioner. It is also submitted that the Circle Officer, Bankatwa, issued letter no.557 dated 21.12.2024 (Annexure-P/6) addressed to the District Land Acquisition Officer, East Champaran, Motihari, wherein it was recorded that the land in dispute is raiyati land of the petitioner. It is also submitted that the case was taken up on 24.06.2025 and the State was directed to file counter affidavit. 5. The learned State Counsel submits that the counter affidavit has been filed duly sworn by the District Magistrate, East Champaran, Motihari, wherein at paragraph-8, it has been specifically recorded that the Committee enquired into the matter and submitted a report that land in question is of Khata No.3 and is raiyati land which is recorded in the Khatiyan in the name of Mahanth Thakur Das, Chela Mahanth Lalsha by caste bairagi and the land has been found in possession of the Patna High Court CWJC No.9743 of 2024(5) dt.07-07-2025 4/5 petitioner as would manifest from the report of the Committee annexed as Annexure-R to the counter affidavit. 6. Learned counsel for the State next submits that at paragraph-9 of the counter affidavit it has been specifically pleaded that on receipt of the report of the Committee, the District Land Acquisition Officer has been directed vide letter no.3417 dated 02.07.2025 (Annexure-R/1) to acquire the land in question in accordance with law for construction of Indo-Nepal Border Road Project. It is also submitted that the letter no.3417, dated 02.07.2025 (Annexure-R/1) has been issued by the District Magistrate, East Champaran, Motihari directing the District Land Acquisition Officer, East Champaran to include the land in the acquisition list being raiyati land of the petitioner. It is thus submitted that the grievance of the petitioner as raised in the instant writ application stands redressed. 7. Learned counsel appearing on behalf of the petitioner submits no doubt the District Magistrate, East Champaran, Motihari, has issued letter dated 02.07.2025, for including the raiyati land of the petitioner pertaining to plot no.585, Area- 124 decimal in the acquisition list but then it is submitted had the petitioner not approached this Court, in that event the petitioner till date would have been running from Patna High Court CWJC No.9743 of 2024(5) dt.07-07-2025 5/5 pillar to post. 8. It is also submitted that the District Magistrate, East Champaran, Motihari, has given such specific direction to the District Land Acquisition Officer, East Champaran as such the D.L.A.O. East Champaran, be directed to complete the process of acquisition and payment of compensation within a time frame. 9. After hearing the learned counsels for the parties, this writ application is disposed of with a direction to the District Land Acquisition Officer, East Champaran, Motihari to ensure compliance of the letter no.3417 dated 02.07.2025, issued by the District Magistrate, East Champaran, Motihari, within a period of three months from the date of receipt/production of a copy of this order. 10. It goes without saying that once raiyati land of the petitioner is included in the acquisition land, thereafter, payment of compensation in accordance with law shall also be made within a period of one month thereafter. shikha/- (Satyavrat Verma, J) U