In Kumar Mirtunjay vs. The State of Bihar & Ors. (2026), Justice Rajiv Roy heard a writ petition seeking issuance of a writ in the nature of Mandamus or any other appropriate writ, order or direction commanding the Respondents-to-act under the ambit of unambiguous public purpose of the land acquisition law and desist from selling public purpose land and unacquired land for private purpose by selling it to private purpose entities with specific reference to sale of Khesra/Plot no. 723, which was acquired for the unambiguous public purpose of building houses of the company's workers but it was not built contrary to the clause in the Agreement between Bihar Government and M/S Rohtas Industries Limited under the land acquisition law. Dr. Gopal Krishna, the petitioner's counsel has prayed for issuance of a writ in the nature of Mandamus or appropriate writ, order or direction commanding the Respondents to fix appropriate rate commensurate with the rate fixed by the State Government known as Circle Rate and upon payment at the same rate the land be directed to be returned to the Khatiyani Raiyat or their legal heirs. The 4-page long order dated April 7, 2026 by Justice Roy reads: "3. Let the State respondents file affidavit in the matter." The matter will come up for listing on June 23, 2026.
The petitioner had prayed for for issuance of a writ in the nature of Mandamus or appropriate writ, order or direction commanding the Respondents to stay the sale proceeding till the claims of the Petitioner is adjudicated by the High Court. The petition prays for issuance of a writ in the nature of Mandamus or appropriate writ, order or direction commanding the Respondents to hand over the unutilized plots of land to the Khatiyani Raiyat or legal successor on circle rate since the unambiguous public purpose for which the land was acquired by the State, and given to the company in question for utilization remains unutilized and is being sold to private purpose entities, which creates a logical and legal compulsion for the Respondents to return the land in question to the legal heirs of the original owner.
On an earlier occasion, it is apparent that a co-ordinate bench of the Court which was seized with a matter concerning Plot no. 723 was misled by the Official Liquidator citing an order dated September 6, 2012, stating that petitioner's father, namely, Keshwar Singh along with 27 other petitioners, had come before the High Court in Item No.4, I.A.No. 5326/2012 filed by Nihora Singh & Ors.for similar relief. It is not clear as to whether Keshwar Singh was among the 27 other petitioners.
The fact remains the writ is not confined to Plot no. 723. It seeks relief with regard to the unacquired land, acquired, used and unused land situated in Village Rattu Bigha, Mauja. Mathuri, Thana No. 159, Tauji No 5335, Anchal-Dehri, District-Rohtas, Bihar which was acquired by the Government of Bihar for the purpose of welfare of construction of quarters for staff and labour of Rohtas Industries Ltd, Dalmianagar. Land Details: The details of the acquired land are as follows:Khata No. 148: Khesra/Plot Nos. 703, 704, 709, 723, 733, 788, 796, 798, 809, 892, 901, 902 and 903, total area in decimal “746”. Khata No. 149: Khesra/Plot No. 739, 743, 797 and 816 total area decimal “102”. Khata No. 150: Khesra/Plot No. 872 total area decimal “52”
Details of Land Survey (L.S.) Khata No. 148: (i)Plot No. 703: Total 55 decimal of land, out of which 52.75 decimal of land was acquired for Rohtas Industries Limited, but 1.25 decimal of the land was illegitimately sold for Uday Pratap Singh. Register 2 rent is fixed in the name of Rohtas Industries in account number 146, it is shown in my account number 148, which is my land. The remaining 2.25 decimal of land has been taken without acquisition under land acquisition law. (ii)Plot No. 709: Total 55 decimal of land, out of which 38.5 decimal of land was acquired for Rohtas Industries Limited, the remaining 16.5 decimal of land has been taken without acquisition under land acquisition law. (iii)Plot No 733: Total 49 decimal of land, out of which 29 decimal of land was acquired for Rohtas Industries Limited, but Register 2 rent is fixed in the name of Rohtas Industries in only 17 decimals. The remaining 32 decimal of land has been taken without acquisition under land acquisition law. (iv)Plot No 798: Total 124 decimal of land, acquired for Rohtas Industries, but 11.72 decimal of the land was illegitimately sold for Satyendra Narayan Singh. (v)Plot No 809: Total 83 decimal of land, out of which 30 decimals of land was acquired for Rohtas Industries Limited, the remaining 53 decimal of land has been taken without acquisition under land acquisition law. (vi)Plot No 892: Total 63 decimal of land, acquired for Rohtas Industries, but 18.77 decimal of the land was illegitimately sold for Model School, a private school. (vii)Plot No.s 704, 723, 788, 796, 901, 902, 903: My land in these plots-04 decimal in Plot no. 704, 34 decimal in Plot no. 723, 25 decimal in Plot no. 788, 17 decimal in Plot no. 796, 15 decimal in Plot no. 901, 2.15 decimal in Plot no. 902 and 7 decimal in Plot no. 903 was totally acquired for Rohtas Industries Ltd, Dalmianagar. As to the acquired land in Plot no. 723, a notice has been published a “sale notice” on February 4, 2026 In Hindustan newspaper, Patna edition at page no. 3 fixing 20.02.2026 as a date for opening the sealed tender contrary to the clause in the Agreement between Bihar Government and M/S Rohtas Industries Limited. Details of L.S. Khata No. 149: Plot No 739, 743, 797 and 816: My land in these plots-16 decimal in Plot no. 739, 45 decimal in Plot no. 743, 12 decimal in Plot no. 797, and 29 decimal in Plot no. 816 was totally acquired for Rohtas Industries Ltd, Dalmianagar. Details of L.S. Khata No. 150, Plot No 872: Total 52 decimal of my land was totally acquired for Rohtas Industries Ltd, Dalmianagar.
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