Patna High Court's Division Bench stays judgment by Justice Sandeep Kumar, asks him to revisit his verdict in Meira Kumar case

In The State of Bihar through the Chief Secretary & Ors. vs. Mrs. Meira Kumar (2025), Patna High Court's Division Bench of Acting Chief Justice Ashutosh Kumar and Justice Partha Sarthy stayed the the operation of the 17-page long judgment dated December 21, 2023 by Justice Sandeep Kumar, the Single Judge of the High Court who had held that Meira Kumar, the respondent is entitled to be paid compensation for the lands acquired under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013. 

Meira Kumar, the respondent is the wife of Manjul Kumar and daughter of Indrani Devi and Jagjivan Ram, former Deputy Prime Minister of India. 

The order of the Division Bench recorded that the mother of the Meira Kumar came in possession of the land in question by way of a sale-deed executed by one Satyadeo Prasad, who was the purchaser of the original land. In fact, the ex-landlord, way back in the year 1941, had settled the land in question in favour of someone and, thereafter, it was sold to different parties at different times and, ultimately, in 1965, the land in question came in possession of the mother of the respondent.

Notably, in 1985 only, the Collector, Patna had cancelled the zamabandi running in the name of the mother of the respondent on the ground that the land in question was recorded as gairmajarua aam land. But the order of the Collector was set aside by the Single Judge of the High Court, holding that such long zamabandi could not have been cancelled without initiating a proceeding under Section 4(h) of the Bihar Land Reforms Act, 1950. Thereafter, in 2013, a notice was issued under Section 4(h) of the Act of 1950, which was set aside in the first instance and later, another notice was withdrawn.

In its 4-long judgment of March 2025, the Division Bench has recorded that in LPA No. 601 of 2015, however, a Division Bench of the High Court had permitted the Collector to continue with the proceedings under Section 4(h) of the Act of 1950.

It was noted that proceedings under Section 4(h) of the Act of 1950 was concluded on April 12, 2023, holding the land in question to be a gairmajarua aam land, which has yet not been challenged. This fact was not taken into account by the Single Judge while disposing off the writ petition seeking compensation under the provisions of 2013 Act.

In it's judgment dated March 3, 2025, the Division Bench concluded: "Considering this aspect of the matter, we only deem it appropriate to relegate the case to the learned Single Judge to revisit the judgment, referred to above. Let the records of C.W.J.C. No. 13918 of 2014 be placed before the learned Single Judge in the week after the holi holidays, preferably on 20th of March, 2025. In the meantime, the operation of the judgment shall remain stayed." The appeal was disposed off. 

The other four appellants are: Chief Secretary, Government of Bihar, Director Land Acquisition, Patna, District Magistrate, Patna Collectorate, Patna and Land Acquisition Officer, Patna Collectoriat, Patna.