Created by Fuzzy Cloud

Patna High Court

Jai Prakash KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the Circle Officer must issue a No‑Objection Certificate to the petitioners and the Land Acquisition Officer must pay compensation in accordance with the RFCTLARR Act, 2013.

Summary

The petitioners, Jai Prakash Kumar and Om Prakash Kumar, claimed ownership of a 2.1235‑decimal land parcel that was acquired by the State of Bihar for the Patna Metro Rail depot. They purchased the land in 2020 from Basuki Sharma, obtained mutation, jamabandi and a possession certificate, and filed a writ petition seeking a mandamus directing the authorities to pay compensation with interest under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The State contended that the land actually belonged to a different cooperative society and that the petitioners' claim was untenable. The court examined the sale deed, the award prepared in the petitioners' names, and the lack of objection from the concerned societies, and concluded that the petitioners have a valid title. Consequently, the court directed the Circle Officer to issue a No‑Objection Certificate and instructed the Land Acquisition Officer to pay the due compensation as per the 2013 Act. The application was disposed, granting the relief sought by the petitioners.

Issues considered

  • Whether the petitioners are entitled to compensation for the land acquired for the Patna Metro Rail project despite the State's claim of title discrepancy.
  • Whether the authorities are obligated to issue a No‑Objection Certificate and pay compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • mandamus
  • RFCTLARR Act
  • metro rail project
  • title dispute
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2032 of 2026
                 ======================================================
           1.     Jai Prakash Kumar S/O. Pannu Saw, Resident of Mohalla/Village-
                  Gaurichak, P.O.-Fatehpur, P.S.-Gaurichak, District-Patna, State-Bihar, PIN-
                  803206.
           2.    Om Prakash Kumar S/O. Pannu Saw, Resident of Mohalla/Village-
                 Gaurichak, P.O.-Fatehpur, P.S.-Gaurichak, District-Patna, State-Bihar, PIN-
                 803206

                                                                                 ... ... 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, Advocate
                 For the Respondent/s   :         Mr. Vivek Prasad, GP 7
                                                  Mr. Sanjay Kumar, AC to GP(7)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   12-02-2026                    Heard Mr. Bishwa Bibhuti Kumar Singh, learned

                   counsel appearing on behalf of the petitioners and Mr. Vivek

                   Prasad, learned GP 7 along with Mr. Sanjay Kumar, learned AC

                   to Government Pleader (7) for the State.

                               2. The petitioners in paragraph no. 1 of the present

                   writ petition have sought inter alia the following relief(s), which

                   is reproduced hereinafter:-

                                                         “1. That the present writ application is
                                            being filed for issuance of a writ or direction to the
                                            respondents for the following reliefs: -

                                                        (i) For issuance of a writ in the nature of
Patna High Court CWJC No.2032 of 2026(2) dt.12-02-2026
                                            2/5




                                  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 petitioners
                                  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 Project for construction of
                                  Patna Metro Rail Depo.

                                              (ii) For issuance of a direction to make an
                                  Award in favour of the petitioners 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 appearing on behalf of petitioners

          submitted that the petitioners are the owners of the land

          appertaining to Mauza-Pahari (East of Masaurhi Road),

          Revenue Thana No.14, Khata No.444, Tauzi No.15826, Khesra

          No.1674, area 2.1235 Dismil, which has been acquired by the

          respondent no.2 & 3 for development of Metro Rail Project for

          construction of Patna Metro Rail Depo. The said piece of land

          was purchased by the petitioners from one Basuki Sharma alias

          Bashukinath Sharma, S/O Late Ramanugrah Sharma, resident of

          village-Belsar,        Post-Malhar,            P.S.-Aurangabad,          District-

          Aurangabad vide a valid registered Sale Deed no.847, dated

          13.01.2020 pursuant to which award was prepared in the name

          of the petitioners and not in the name of the concerned Ganesh

          Dutta Sahkari         Grih     Nirman          Samiti    Ltd.     (Registration.
Patna High Court CWJC No.2032 of 2026(2) dt.12-02-2026
                                            3/5




          No.159/Pat./1981), Kankarbag. The said Basuki Sharma alias

          Bashukinath Sharma had purchased the said land vide a

          Registered Sale Deed dated 12.08.1993 from Ganesh Dutta

          Sahkari       Grih       Nirman         Samiti      Ltd.   (Registration.

          No.159/Pat./1981), Kankarbag. After purchase of the land from

          Basuki Sharma alias Bashukinath Sharma, mutation of the said

          piece of land has been done in favour of the petitioners in

          Mutation Case No.13590/R27 (2019-20) and Jamabandi has

          been created by the Circle Officer, Patna Sadar and thereafter,

          petitioners are paying revenue rent regularly to the State of

          Bihar. After purchase of the said land the petitioners were in

          peaceful possession of the said piece of land and for that effect,

          a   Land      Possession        Certificate      No.2670/2022-23   dated

          16.12.2022 has also been issued by the Circle Officer, Patna

          Sadar. He submitted that a representation dated 29.05.2023 for

          compensation has been filed before the District Land

          Acquisition Officer, Patna but till date the compensation has not

          been paid to the petitioners though he admitted that notice in the

          name of the petitioners was issued for declaring the plots of the

          petitioners to be acquired on the basis of the entries made in the

          revenue records, which shows rightful possession of the

          petitioners and their title over the said property.
Patna High Court CWJC No.2032 of 2026(2) dt.12-02-2026
                                            4/5




                      4. Per contra, learned counsel appearing on behalf of

          the State, who has filed a counter affidavit online and a hard

          copy of the same has been produced before this Court which is

          required to be filed in physical mode, submitted that as per the

          report of the Circle Officer the land purchased by the petitioners

          is under       Ganesh Dutta Sahkari Grih Nirman Samiti Ltd,

          whereas, after measurement it was found the said land belongs

          to the Jagdhar Sahkari Grih Nirman Samiti Ltd and in such

          circumstances, the relief(s), as sought for in the present writ

          petition, for payment of due compensation, is not sustainable

          and accordingly, the present writ petition is fit to be dismissed.

                      5. Heard the parties.

                      6. Considering the admitted fact that the petitioners

          purchased the land in question from one Basuki Sharma alias

          Bashukinath Sharma vide a valid registered Sale Deed no.847,

          dated 13.01.2020 appertaining to Khata No. 444, Tauzi

          No.15826, Khesra No.1674, area 2.1235 Dismil and the records

          of the award has been prepared in the name of the petitioners

          and not in the name of the concerned Ganesh Dutta Sahkari

          Grih Nirman Samiti Ltd. (Registration. No.159/Pat./1981),

          Kankarbag, as well as, considering the counter affidavit, in

          which no objection has been made by the Secretary of either
           Patna High Court CWJC No.2032 of 2026(2) dt.12-02-2026
                                                       5/5




                     Ganesh Dutta Sahkari Grih Nirman Samiti Ltd. or Jagdhar

                     Sahkari Grih Nirman Samiti Ltd., I find that the Circle Officer

                     concerned is duty bound to issue no objection certificate to the

                     petitioners and give such information to the Land Acquisition

                     Officer, Patna, so that, due compensation is to be paid to the

                     petitioners in accordance with the Right to Fair Compensation

                     and Transparency in Land Acquisition, Rehabilitation and

                     Resettlement Act, 2013.

                                 7. Accordingly, the present application stands

                     disposed of.



                                               (Purnendu Singh, J)
Ashishsingh/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.