Patna High Court
Ram Ashis YadavversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The High Court held that it cannot order compensation and the petitioner must approach the appropriate acquiring authority.
Summary
Petitioner Ram Ashis Yadav sought compensation for land acquired for the construction of National Highway 104, contending that the land should be treated as commercial and that he was entitled to a higher compensation. The respondents, the State of Bihar and various officials, argued that such compensation matters fall within the jurisdiction of the appropriate acquiring authority and that the National Highway Authority of India was not a party to the suit. The petitioner was advised to approach the proper authority or court for relief. The High Court held that it could not grant the relief sought and that the petitioner must pursue the matter before the designated authority. Consequently, the writ petition was disposed of without any order for compensation.
Issues considered
- Whether the High Court can direct payment of compensation for land acquired for a National Highway.
- Whether the petitioner can treat the acquired land as commercial for the purpose of compensation.
- Whether the National Highway Authority of India must be joined as a party in the writ petition.
Subjects
- land acquisition
- compensation
- national highway
- commercial land
- writ petition
- jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10080 of 2017
======================================================
Ram Ashis Yadav Son of Late Yogeshwar Yadav Resident of Village-marhya
P.S. Basopatti Distt. Madhubani At Present Wmagaow Anchal Harhakhi Distt.
Madhubani
... ... Petitioner/s
Versus
1. The State Of Bihar through Principal Secretary, Revenue and Land Reforms
Department, Bihar, Patna
2. The Land Acquisition Officer, Distt. Madhubani
3. The Chief Executive Engineer, District Madhubani
4. The District Magistrate, Madhubani
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Soban Asghar, Advocate
For the State : Mrs. Nutan Sahay, AC to AAG-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 09-02-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“for passing the order/orders and
directions for paying compensation of the land
as commercial land of petitioner enquired for
construction of N.H. 104, L.A.-30 bearing New
Khesra No. 2005 old 1604, 1605, 1606, Khata
No. 42, 19, 145 of 16 dhur 14 kanma.”
3. Learned State counsel submits that a perusal of the
prayer would show that he wants the payment of compensation
Patna High Court CWJC No.10080 of 2017(3) dt.09-02-2026
2/2
treating it to be commercial land for which he should have
approach the appropriate authority/court. Further submission is
that even the National Highway Authority of India has not been
party respondent in the present case.
4. At this stage, learned counsel for the petitioner
submits that he shall be taking appropriate steps to move before
appropriate authority/court.
5. Granting said liberty, the writ petition is disposed
of.
(Rajiv Roy, J)
vinayak/-
U
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