Patna High Court
Ashok SawversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the writ petition is to be disposed of, and the petitioner must approach the Collector afresh with supporting documents for a hearing and award of compensation.
Summary
Petitioner Ashok Saw filed a writ petition seeking a mandamus directing the District Collector and other officials to award compensation for his land acquired for the Patna Metro Rail project under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The petitioner argued that the authorities should decide the compensation after hearing the parties. The State had no objection to the petition. The Court observed that the appropriate forum for such a determination is the Collector, who can notice the parties and decide the matter. Consequently, the Court disposed of the writ petition, directing the petitioner to approach the Collector afresh with all supporting documents. The order emphasizes that the Collector must hear the parties and dispose of the compensation claim at the earliest.
Issues considered
- Whether the District Collector can be directed by a writ of mandamus to award compensation under the RFCTLARR Act for land acquired for a metro rail project.
- Whether the petitioner is entitled to compensation and interest without first approaching the Collector for a hearing.
- Whether the High Court should entertain the writ petition or remit the matter to the administrative authority.
Legislation cited
Subjects
- land acquisition
- compensation
- mandamus
- metro rail project
- RFCTLARR Act 2013
- writ petition
- collector jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1255 of 2026
======================================================
Ashok Saw s/o Nishu Saw, Resident of Mohalla/Village Bali, PO Alawalpur,
PS Gaurichak, District Patna, State Bihar, PIN 803203.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Revenue and
Land Reforms Department, Government of Bihar, Main Secretariat
Building, Patna, Bihar.
2. The District Magistrate cum Collector, Patna, Bihar.
3. The District Land Acquisition Officer, Patna, Bihar.
4. The Circle Officer, Patna Sadar, Patna, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bishwa Bibhuti Kumar Singh, Adv.
For the Respondent/s : Mr. Madhaw Pd. Yadav, GP-23
Mr. Arvind Kumar, AC to GP-23
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 29-01-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
(i) For issuance of a writ in the
nature of Mandamus, or, a direction or, order
to the respondents no. 2 to 4 to make
payment of compensation along with
applicable interest for the land of the
petitioner comprising under Mauza-Pahari
(East of Masaurhi Road), Revenue Thana
No.14, Khata No.444, Tauzi No.15826,
Khesra No.1674, area 2.1235 Decimals
which has been acquired by the respondent
no.2 and 3 for development of Metro Rail
Patna High Court CWJC No.1255 of 2026(2) dt.29-01-2026
2/2
Project for construction of Patna Metro Rail
Depo.
(ii) For issuance of a direction to
make an Award in favour of the petitioner
and further to pay compensation as per the
Right to Fair Compensation and
Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013
(RFCTLARR Act).
(iii) Any other writ or writs/
direction /order as this Hon'ble Court may
deem fit and proper for the end of Justice.
3. Learned counsel for the petitioner submits that it will
suffice if the Collector, Patna looks into the matter and take a
decision after noticing and hearing the parties.
5. The State has no objection to it.
6. In that background, the writ petition is disposed of
allowing the petitioner to approach afresh with all the supporting
documents before the Collector, Patna (respondent no. 2) who shall
be noticing the parties and after hearing the parties, shall be
disposing of the matter at an earliest.
(Rajiv Roy, J)
Vijay Singh/-
U
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