Patna High Court
Girish Nandan Prasad and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
Since compensation had already been paid to the petitioners, the writ petition seeking additional compensation or restoration of possession was dismissed.
Summary
The petitioners, members of the Prasad family, filed a writ petition against the State of Bihar and several officials seeking compensation and restoration of possession for approximately 0.31 acres of land allegedly occupied illegally for road construction without acquisition proceedings. They invoked the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, claiming the respondents had no authority to occupy the land. The respondents produced affidavits showing that compensation had already been paid to the petitioners on 31 January 2026 by the Rural Works Division. The petitioner’s counsel argued that the payment was a provisional amount pending further treatment of the land as commercial. The court examined the affidavits, noted the payment and a representation filed on 2 February 2026, and concluded that the matter was already resolved. Consequently, the writ petition was disposed of without granting further relief.
Issues considered
- Whether the State is liable to pay compensation under the 2013 Land Acquisition Act for the alleged illegal occupation of the petitioners' land.
- Whether the petitioners are entitled to restoration of possession of the occupied land.
- Whether the compensation already paid satisfies the petitioners' claim and obviates the need for further relief.
Legislation cited
Subjects
- land acquisition
- compensation
- illegal occupation
- mandamus
- Right to Fair Compensation Act
- public road
- writ petition
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10685 of 2016
======================================================
1.1. Nita Prasad Widow of Late Girish Nandan Prasad, Resident of 119, MIG
House, (Housing Colony) Kankarbagh, P.O. Lohia Nagar, District Patna -
800020.
1.2. Jaya Priya D/o late Girish Nandan Prasad, Resident of 119, MIG House,
(Housing Colony) Kankarbagh, P.O. Lohia Nagar, District Patna - 800020.
1.3. Raj Abhishek Son of late Girish Nandan Prasad Resident of 119, MIG
House, (Housing Colony) Kankarbagh, P.O. Lohia Nagar, District Patna -
800020.
1.4. Rama Priya Sinha D/o Late Girish Nandan Prasad Resident of 119, MIG
House, (Housing Colony) Kankarbagh, P.O. Lohia Nagar, District Patna -
800020.
2. Ram Nandan Prasad
3. Hari Nandan Prasad
4. Jagdish Nandan Prasad all sons of Late Krishna Dev Prasad resident of 119
MIG House , Kankarbagh, P.O Lohia Nagar, District Patna
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Chief Secretary, Government of Bihar,Patna
3. The Secratary , Chief Minister Secretariat, Patna
4. The Secretary, Revenue and Land Aquisition Department, Government of
Bihar, Patna
5. The Commissioner, Patna
6. The Collector-cum-District Magistrate, Patna
7. The Secretary, Rural Work Department, Work Division, Patna
8. The Executive Engineer, Rural Work Department, Work Division, Patna
9. The Additional Collector Patna
10. The District Land Aquisition Officer, Patna
11. The Circle Officer, Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kishore Verma, Advocate
For the State : Mrs. Anuradha Singh, SC-21
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 16-02-2026 Heard Mr. Jitendra Kishore Verma, learned counsel
Patna High Court CWJC No.10685 of 2016(6) dt.16-02-2026
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for the petitioner and Ms. Shatabdhi Sinha, leared AC to SC-21.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) to issue
writ(s)/order(s)/direction(s) writ in the nature of
mandamus commanding the respondents
concerned to pay compensation in terms of
provisions of Right to Fair Compensation and
Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013
(herein after referred to New Land Acquisition
Act, 2013) in respect of 0.31 acres (approx)
raiyati lands of the petitioners situated at village
Sheikhpura, Thana No. 111, Circle Office
Sampatchak, Patna which forms part of lands of
Khata No. 125, Plot No. 515 & 516 & Khata No.
132 plot no. 776 which have been illegally
occupied by the respondents/state for
construction of road without any acquisition
proceeding and payment of compensation or
consent of the petitioners along with penal
interest for unauthorized occupation thereof till
Patna High Court CWJC No.10685 of 2016(6) dt.16-02-2026
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date of payment of compensation and/or
alternatively restore the possession of those
lands together with compensation for illegal
occupation in favour of the petitioners who are
admitted and/or undisputed owners of the
aforesaid lands even according to the record of
the State Government.
(ii) that if the report of Municipal
Corporation annexed as Annexure- 2 is taken to
be correct, the width of the road as prevailing
present situation, the respondents authorities
may be directed to measure further illegal
occupation of petitioner's lands in the aforesaid
public road beyond 31 decimals as stated above
and pay compensation thereof in terms of the
relief as sought for in para 1 in terms of new
Land Acquisition Act, 2013.
(iii) any other relief/reliefs your
lordships deem fit in the facts and circumstances
of the case.”
3. The affidavits have been filed by both the parties to
show that the compensation amount has been paid to the
Patna High Court CWJC No.10685 of 2016(6) dt.16-02-2026
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petitioner on 31.01.2026 by the Rural Works Division, Patna.
4. Learned counsel for the petitioner submits that
though the payment has been made, by way of supplementary
affidavit (Annexure-P/12), he has demonstrated that petition
has been preferred on 31.01.2026 before the Executive
Engineer, Rural Works Department, Work Division, Patna
(respondent no.8) for treating the land to be commercial one and
to make payment accordingly as made in the case of the land of
the petitioner no.2.
5. Payment has been made, a representation filed duly
received in the office of the aforesaid respondent on 02.02.2026.
6. Expecting the same to be taken to its logical
conclusion at an earliest preferably within a period of six
months. The writ petition is disposed of.
(Rajiv Roy, J)
vinayak/-
U
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