IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18984 of 2025 ====================================================== 1. Jitendra Kumar Singh Son of Late Bhavaraj Singh, Resident of Pahlagarh, Near Kali Mandir, P.O.- Sonali, P.S.- Kadwa, District- Katihar- 855114. 2. Sachidanand Singh, Son of Late Ahiraj Singh, Resident of Pahlagarh, Near Kali Mandir, P.O.- Sonali, P.S.- Kadwa, District- Katihar- 855114. ... ... Petitioner/s Versus 1. The State of Bihar through Additional Chief Secretary, Land Reforms and Revenue Department, Patna. 2. The Additional Chief Secretary, Department of Prohibition, Excise and Registration, Bihar, Patna. 3. The Inspector General of Police (Registration), Bihar, Patna. 4. The District Magistrate, Katihar. 5. The District Land Acquisition Officer, Katihar. 6. The Sub-Divisional Officer, Barsoi, Katihar. 7. The Circle Officer, Kadawa, Katihar. 8. The Divisional Railway Manager, North Frontier Railway, Katihar. 9. The Senior Divisional Engineer, IV, North Frontier Railway, Katihar. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Respondent/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 21-07-2026 Heard Mr. Sanjay Kumar, learned counsel for the petitioners. There is no representation so far as the State and the Railways are concerned. 2.The present writ petition has been preferred for the following relief/s: (i) for issuance of an appropriate writ/s, order/s, direction's to the Patna High Court CWJC No.18984 of 2025(3) dt.21-07-2026 2/8 respondents to pay the amount of compensation as per MVR effective from 15.04.2013 and suitable compensation be paid as per ad- valorem rate fixed for Mauza- Pelagarh (Pahla Garh). Thana No. 494, Khata No. 485. Khesra No. 1058, Area 2 Acre 78 Decimal land out of which about 0.2171 Hectare (53 dec. and 620 Sq. Kari) land has been acquired for construction of broad gauge Railway line from Katihar to Kumedpur and Katihar to Mukuriya without any notice to the petitioners and without any compensation paid to them (ii) for issuance of an appropriate writ/s, order/s, direction/s to the respondents for payment of compensation to the petitioners for acquirement of their land as per Right to Fair Compensation and Patna High Court CWJC No.18984 of 2025(3) dt.21-07-2026 3/8 Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013, commensurate to the compensation paid to the farmers of the village and as per the Sale Deed of one Kanchan Devi wherein the land has been described as commercial land and revenue has been charged at the rate of Rs. 2.50 Lakhs per decimal. (iii) for issuance of an appropriate writ/s, order/s, direction/s to the respondents to pay the rate of interest as applicable with fixed deposit amount, to the petitioners to compensate for loss of their land and harassment meted by the respondents in not issuing any notice to the petitioners or making payment of compensation for their land which has been described as Kund and a remark has been given in the Patna High Court CWJC No.18984 of 2025(3) dt.21-07-2026 4/8 Khatiyan that the land is in Gasban possession of Vishwanath Singh who gave the land to the fathers of the petitioners i.e. 1963 by way of partition through metes and bounds. (iv) to pass such other order/orders as your Lordships may deem fit and proper in the facts and circumstances of this case. 3.The land details of the present case is/are available in paragraph no.4 and read as under: Khata No. 485; Khesra No. 1058; Thana No.484 Area-2.78 Acre; Mauza-Pahalgarh 4. To make the matter short, after the settlement of land by the ex-landlord in favour of Vishwanath Singh, the cousin brother of two petitioners, keep preferred Title Suit No.14 of 1958 against the State of Bihar which was allowed on 23.11.1959 (Annexure P/1 to the writ petition). 5. It has been informed by the learned counsel for the Patna High Court CWJC No.18984 of 2025(3) dt.21-07-2026 5/8 petitioners that no appeal was preferred against the said order and it became final. Subsequently, under mutual understanding between the families, the land in question revolved upon the two petitioners and the agreement is part of the Annexure P/2 to the writ petition. 6. Subsequently, the land in question was required for the acquisition for the purpose of construction of Broad Gauge Railway Line for Katihar to Kumedpur and Katihar to Mukeriya and after following the due process the acquisition took place in the year 2022 but the compensation amount never came to the coffers of the two petitioners. 7. Further, the petitioner never even got any notice and after running from pillar to post, the present writ petition. 8. A counter affidavit has come on behalf of the respondent nos. 8 and 9 ( The Railways) as also the respondent nos. 4 to 7 ( The State Administration) duly signed by the Circle Officer, Kadwa, Katihar. Paragraph No.15 of the counter affidavit shows that the Collector, Katihar constituted a three men committee headed by the Sub-Divisional Officer, Barsoi vide Memo No. 586 dated 01.04.2025. As per the reports, the old record talks about it being a Government land and the nature being the pond. However, the jamabandi has Patna High Court CWJC No.18984 of 2025(3) dt.21-07-2026 6/8 been created. Jamabandi No. 342 and 595 have been created in view of Mutation No. 456 of 1975-76. 9. Paragraph no.18 of the counter affidavit read as follows: That vide letter no. 1096 dated 25.05.2025 the District Magistrate, Katihar directed the SDO, Barsoi to submit a report with clear opinion after making enquiry of old record of government land. As per the report submitted by the committee it reveals that the land in question has been recorded as Gair Majarua Khas in khatiyan and nature is registered as Kund and in the Abhiyukti column the name of Vishwanath Singh is mentioned as Gasbankabja. It is further stated that the applicant claims over the land in question on the basis of jamabandi created in the light of Ex-Parte order dated 23.12.1959. It is not clear that RS khesra no.1058 is made up from which khesra of CS and whose name is registered in above khesra of CS and it is also not cleared that why khata no. 234 has been mentioned in jamabandi as per report though in RS khatiyankhata 485 no. has been mentioned. It is further stated that what is the basis of creation of Patna High Court CWJC No.18984 of 2025(3) dt.21-07-2026 7/8 jamabandi no. 485 though as per report jamabandi no. 342 and 595 has been created in view of Mutation Case No. 456/75-76. 10. Further, paragraph 44 records that in view the order dated 23.12.1959 passed a Title Suit No. 14 of 1958 and also on the basis of by way of partition, the jamabandi has been created in the favour of the two petitioners. 11. The Railways in their counter affidavit has recorded that they transferred the entire compensation amount to the District Administration and has nothing to record further. 12. Having heard the parties and after perusal of the records and further going through the enquiry report and the final decision of the respondents to create jamabandi in favour of these two petitioners, the petitioners have certainly made out a case for grant of compensation amount. 13. In that background, the petitioners/ stakeholders/ landholders are free to take immediate steps for submitting a proper application before the Collector, Katihar/District Land Acquisition Officer, Katihar (respondent nos. 4 and 5 respectively) in next four weeks who are duty bound to look into the matter and see to it regarding the entitlement of the compensation amount with regard to the land in question as Patna High Court CWJC No.18984 of 2025(3) dt.21-07-2026 8/8 recorded in the earlier paragraphs. Now that it stands acquired for ‘the Railways’. The entire process has to be completed by 31.12.2026. 14. The writ petition is disposed of with the aforesaid observation. ankita/- (Rajiv Roy, J) U