Patna High Court
Jai Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.