Patna High Court
Mithilesh Kumar SinghversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition was disposed of, with the Court directing the petitioner to seek redress from the appropriate authority, thereby refusing to quash the acquisition proceedings.
Summary
Petitioner Mithilesh Kumar Singh challenged the acquisition of his land for a highway bridge, alleging that the acquisition proceedings violated provisions of the Land Acquisition Act, 1894 (sections 4, 5A, 9, 6) and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (sections 24, 26‑30). He sought quashing of the acquisition, declaration of lapse, and direction to compute compensation under the new Act. The State contended that the proceedings were lawful. After hearing, the Court granted the petitioner liberty to approach the appropriate authority for redress and disposed of the writ petition without granting any substantive relief. Consequently, the petition was dismissed and the matter was left for administrative resolution.
Issues considered
- Whether the land acquisition proceeding for the highway bridge complied with the procedural requirements of the Land Acquisition Act, 1894.
- Whether the acquisition is invalid for non‑compliance with sections 5A and 9 of the 1894 Act and the provisions of the 2013 Act.
- Whether the petitioner is entitled to compensation or a declaration of lapse under the 2013 Act.
Legislation cited
- Land Acquisition Act, 1894 — s. 4, 5A, 6, 9
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — s. 24, 26, 27, 28, 29, 30
Subjects
- land acquisition
- highway project
- procedural compliance
- compensation
- RFA 2013
- quashing of acquisition
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11447 of 2017
======================================================
Mithilesh Kumar Singh son of Bindeshwar Singh, Residence of Village-
Kulhariya, P.S.- Kulhariya, District- Bhojpur.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Chief Secretary, Govt. of Bihar
2. The Commissioner, Patna.
3. The Collector, Bhojpur at Ara.
4. The Addl. Collector, Bhojpur at Ara.
5. The Land Reform District Collector, Bhojpur at Ara.
6. The District Land Acquisition Officer, Bhojpur at Ara.
7. The Sub-Div. Magistrate cum Addl. Land Acquisition Bhojpur at Ara.
8. The Circle Officer, Koilwar Circle, Koilwar, District- Bhojpur.
9. The Circle Inspector, Koilwar Circle, Koilwar, District- Bhojpur.
10. The Halka Karmchari, Koilwer Circle, Koilwer, District - Bhojpur
\
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamlesh Kumar, Advocate
: Ms. Kahkashan Alam, Advocate
For the State : Mrs. Nutan Sahay, AC to AAG-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 10-02-2026 Heard Mr. Kamlesh Kumar, learned counsel for the
petitioner duly assisted by Ms. Kahkashan Alam and Mrs. Nutan
Sahay, learned AC to AAG-12 representing the State.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) the quashing of entire land
acquisition proceeding by which land is being
acquired for highway bridge and State Highway
(from Babura to Dorigunj) in Mauza Dhandiga,
Patna High Court CWJC No.11447 of 2017(2) dt.10-02-2026
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Revenue Thana 133 in District of Bhojpur in non
compliance of the provision under section 5A and
section 9 in pursuant to section 4 & 9 of the land
acquisition Act 1894.
(ii) further quashing proceeding non of
the said compliance of the provision of section '9'
in perusing to the declaration under section 6 as
published on 6.12.2012 in daily news paper under
L.A. Act 1894.
(iii) further to declare that the land
acquisition proceeding initiated under L.A. Act
1894 is lapsed on the ground in terms of section
24 of the New Act 2013 as compensation and the
Right to fair Transparency in land Acquisition
Rehabilitation and Resettlement Act, 2013.
Hereinafter short referred as R.F. C.T. L.A. R.R.
Act 2013 and still till date physical possession of
the land in question has not been taken nor the
compensation has been paid to the petitioner by
the respondent.
(iv) to declare that quantum of award
has been made under either old or new Act is
Patna High Court CWJC No.11447 of 2017(2) dt.10-02-2026
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invalid in non compliance of provision of L.A. Act
1894.
(v) after the quashing of entire
acquisition proceeding, direction be given to the
respondent Authorities to initiate the fresh
proceeding for the land in question under
FCTLARR Act 2013 or to calculate and to
determine the quantum of Award for the land in
question accordance with the provision laid down
under sec. 26 to 30 of the new Act 2013 or w.e.f.
01.01.2014 to the petitioner as so he submitted
representation earlier to the respondents.
(vi) any other relief/ reliefs be granted
to the petitioner as entitled in eye of law.”
3. After some arguments, learned counsel for the
petitioner submits that he shall be approaching the appropriate
authority for the redressal of the grievance.
4. Granting said liberty, the writ petitions is disposed
of.
(Rajiv Roy, J)
vinayak/-
U
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