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Patna High Court

Tinkeshwar BhartiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed, directing the Circle Officer to issue a No Objection Certificate and ensuring compensation to the petitioner under the RFCTLARR Act, in accordance with the earlier judgment.

Summary

Petitioner Tinkeshwar Bharti filed a writ petition seeking compensation for 4.2432 decimals of land acquired by the State of Bihar for the Patna Metro Rail project, invoking the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The petitioner requested a mandamus directing the District Magistrate, District Land Acquisition Officer and Circle Officer to pay compensation and issue a No Objection Certificate. The court noted that a recent judgment (CWJC No.2032 of 2026, Jai Prakash Kumar & Anr. v. State of Bihar) dealt with identical facts and ordered the Circle Officer to issue the NOC and ensure compensation under the 2013 Act. Relying on that precedent, the court disposed of the present petition, directing the same relief. Consequently, the application was dismissed as the relief had already been mandated in the earlier case.

Issues considered

  • Whether the State authorities are liable to pay compensation for land acquired for the Patna Metro Rail project under the RFCTLARR Act, 2013.
  • Whether the court should direct the issuance of a No Objection Certificate by the Circle Officer and payment of compensation.
  • Whether the petition can be disposed of by reference to a prior judgment covering identical facts.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • Right to Fair Compensation Act
  • metro rail project
  • mandamus
  • No Objection Certificate
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.2352 of 2026
                 ======================================================
                 Tinkeshwar Bharti S/o Late Rambabu Gupta, Resident of Mohalla/Village-
                 Meena Bazar, P.O.- Guljarbag, P.S.- Alamganj, District- Patna, State- Bihar,
                 PIN- 800007.

                                                                        ... ... 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
                                                 Mr. Sanjay Kumar, Advocate
                                                 Mr. Binod Prakash, Advocate
                 For the Respondent/s    :       Mr.Government Pleader 27
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   16-02-2026                     Heard Mr. Bishwa Bibhuti Kumar Singh along with

                   Mr. Sanjay Kumar and Mr. Binod Prakash, learned counsels

                   appearing on behalf of the petitioner and learned GP 27 for the

                   State.

                                 2. Petitioner has inter alia prayed for following reliefs

                   in the paragraphs No.1 of the writ petition:-

                                         “(i) For issuance of a writ in the nature of
                              Mandamus, or, a direction or, order to the respondent no.2
                              to 4 to make payment of compensation for the land of the
                              petitioner comprising under Mauza- Pahari, Revenue
                              Thana No.14, Khata NO.444, Khesra No.1674, are 4.2432
                              decimals which has been acquired by the respondent no.2 &
                              3 for development of Metro Rail Project for construction of
Patna High Court CWJC No.2352 of 2026(2) dt.16-02-2026
                                            2/3




                     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 Acquiistion, 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 the

          petitioner submitted that the present case is squarely covered by

          the judgment dated 12.02.2026 passed in CWJC No.2032 of

          2026 (Jai Prakash Kumar & Anr. Vs. The State of Bihar &

          Ors.) by this Court and the same may be disposed of in terms

          thereof.

                       4. Considering the aforesaid submission made on

          behalf of the petitioner, the present writ petition is disposed of

          in light of judgment dated 12.02.2026 passed in CWJC

          No.2032 of 2026 (Jai Prakash Kumar & Anr. Vs. The State of

          Bihar & Ors.), directing the Circle Officer concerned to issue

          no objection certificate to the petitioner and give such

          information to the Land Acquisition Officer, Patna, so that, due

          compensation is to be paid to the petitioner in accordance with

          the Right to Fair Compensation and Transparency in Land

          Acquisition, Rehabilitation and Resettlement Act, 2013.
           Patna High Court CWJC No.2352 of 2026(2) dt.16-02-2026
                                                       3/3




                                 5. Accordingly, the present application stands

                     disposed of.


                                               (Purnendu Singh, J)

Sanjay/-

U


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