Patna High Court
Rajnish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed without granting relief, directing the petitioner to approach the District Collector for appropriate action.
Summary
Petitioner Rajnish Kumar filed a writ petition seeking a mandamus directing respondents to return his household belongings that were retained by private contractors after his house was demolished for the Patna Metro Rail Depot. He also sought valuation of the belongings under Section 29 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and appropriate compensation. The Court noted that such relief should be sought before the District Magistrate‑Collector, who is obligated to issue notice and decide the matter. It observed that if the petitioner's claim is accepted, officials must return the materials. Consequently, the writ petition was disposed with the observation that the petitioner file a fresh petition before the Collector.
Issues considered
- Whether the High Court can issue a mandamus directing return of household belongings and determine compensation under Section 29 of the RFCTLARR Act.
- Whether the writ petition is maintainable or should be filed before the District Magistrate‑Collector.
- Whether officials are duty bound to return the petitioner’s materials.
Legislation cited
Subjects
- land acquisition
- compensation
- mandamus
- writ petition
- household belongings
- Right to Fair Compensation Act
- metro rail project
- demolition
- resettlement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.104 of 2026
======================================================
Rajnish Kumar Son of Sri Baleshwar Prasad, Resident of Mohalla- Ward No.
56 of Patna Municipal Corporation, Police Station- Agam Kuan, District-
Patna- 800007.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Revenue and Land
Reforms Department, Govt. of Bihar, Patna.
2. The Director, Land Acquisition, Bihar, Patna.
3. The District Magistrate-cum-Collector, Patna.
4. The District Land Acquisition Officer, Patna.
5. The Sub-Divisional Magistrate, Patna City, Patna.
6. The Circle Officer, Sadar, Patna.
7. The Delhi Metro Rail Corporation Ltd. through its Managing Director, New
Delhi.
8. The Patna Metro Rail Corporation Ltd. through its Managing Director,
Indira Bhawan, West Boring Canal Road, Patna.
9. Quality Builcon Pvt. Ltd. through its authorized Signatory, 7-Anupam Arcad
3rd Floor, Mayur Vihar, Phase- I, Extn. New Delhi- 110091.
10. Md. Anas Shabbir, Project Manager, Quality Builcon Pvt. Ltd. 7-Anupam
Arcad 3rd Floor, Mayur Vihar, Phase-I, Extn. New Delhi- 110091.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Prasad Singh, Sr. Advocate
: Mr. Abhishek, Advocate
: Mr. Venkatesh Kaushik, Advocate
: Mr. Rajeev Kumar, Advcoate
For the Respondent/s : Mr. Government Pleader (19)
: Mr. Anukriti Jaipuriyar, Advocate
: Mr. Rajni Kant Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 13-01-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of a writ in the nature
Patna High Court CWJC No.104 of 2026(2) dt.13-01-2026
2/3
of mandamus directing the respondent to
handover the household belongings to the
petitioner which was kept by Respondent Nos.9
and 10 at the time of demolition of his house
situated at Mauza-Pahari, District-Patna over
Khata No.347, Plot No.1639 which was acquired
for construction of Patna Metrol Rail Depot.
(ii) for direction to the respondent to
determine the value of the things attached to the
building in question as provided Under Section
29 of the Right to Fair Compensation and
Transparency in Land Acquisition,
Rehabilitation and Re-settlement Act, 2013. The
details of which was provided by the petitioner
to the respondents.
(iii) for direction to the respondents to
consider and decide the
representation/application filed by the petitioner
on 20.12.2024 giving details of his house hold
belonging and things attached to the building
and to release the same with suitable
compensation without further delay.
Patna High Court CWJC No.104 of 2026(2) dt.13-01-2026
3/3
(iv) to grant any other relief/reliefs for
which the petitioner is legally entitled in the
facts and circumstances of the case.”
3. After some argument, learned counsel for the
petitioner submits that a fresh petition shall be preferred before
the respondent no.3, the District Magistrate-cum-Collector,
Patna in next four weeks.
4. This Court has gone through the facts of the case
and the submission put forward by the parties and is of the
opinion that if such petition is preferred, the Collector, Patna is
duty bound to look into the matter and after issuance of notice to
all the parties, a decision has to be taken.
5. Needless to add, if the claim of the petitioner is
accepted, the officials are duty bound to return the materials
which belongs to him.
6. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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