Patna High Court
Tinkeshwar BhartiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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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