Patna High Court
Sarita SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petitioners must first approach the Land Acquisition, Rehabilitation and Resettlement Authority for compensation determination, and the writ petition is therefore disposed.
Summary
The petitioners, Sarita Singh and Roshni Kumari, challenged the compensation awarded by the State of Bihar for land acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, alleging that the amount paid was far below the commercial value of the land. They sought a writ of mandamus directing the authorities to pay compensation at the commercial rate, along with interest and litigation costs. The State argued that the petitioners should first approach the Land Acquisition, Rehabilitation and Resettlement Authority (LARRA) for redress. The Court noted that the appropriate forum for such grievances is the LARRA and that the petitioners had not exhausted that remedy. Consequently, the writ petition was disposed, directing the petitioners to file their claim before the LARRA within four weeks for a determination in accordance with law.
Issues considered
- Whether the petitioners are entitled to a writ of mandamus directing the State to pay compensation at commercial rates under the 2013 Act.
- Whether the petitioners must first approach the Land Acquisition, Rehabilitation and Resettlement Authority before seeking judicial intervention.
Legislation cited
Subjects
- Land acquisition
- Compensation
- Writ of mandamus
- LARRA
- Right to Fair Compensation Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.119 of 2026
======================================================
1. Sarita Singh Wife of Sanjiv Kumar Singh Resident of Anand Vihar Colony,
Sahawajpur, P.S.- Ahiyapur, District- Muzaffarpur.
2. Roshni Kumari, Wife of Ajit Kumar Resident of Gaus Nagar, P.S.- Gaighat,
Katra, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Land Revenue Department.
2. The District Magistrate-cum- Collector, Muzaffarpur.
3. The District Land Acquisition Officer, Muzaffarpur.
4. The Circle Officer, Mushari, Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh, Advocate
For the State : Mr. Government Pleader (22)
: Mr. K.K. Singh, AC to GP-22
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 15-04-2026 Heard Mr. Krishna Kant Singh, learned counsel for
the petitioners and learned counsel representing the State.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of writ in the nature
of mandamus directing the concerned authorities
to pay the compensation at the commercial rate
of the land acquired and in terms of the Right to
Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act
Patna High Court CWJC No.119 of 2026(3) dt.15-04-2026
2/3
2013, henceforth referred the Act of 2013 since
the amount of compensation paid is much below
and in spite of the petitioners filing their
objections the authorities have not redressed the
grievance of the petitioners.
(ii) for further that after recalculating
the appropriate compensation the authorities be
directed to release the amount in favour of the
petitioners with interest at the market rate as
also the litigation cost for undue harassment to
the petitioners.
(iii) for any other necessary
relief/reliefs to which the petitioner may be found
entitled in the facts of the case.”
3. After some argument, it has been candidly accepted
by learned counsel for the petitioners that the petitioners have to
move before the Land Acquisition, Rehabilitation and
Resettlement Authority (henceforth for short ‘the LARRA’) for
the redressal of the grievance.
4. Learned State counsel is also on the same view.
5. In that background, the writ petition is disposed of
allowing the petitioners to approach ‘the LARRA’ in next four
Patna High Court CWJC No.119 of 2026(3) dt.15-04-2026
3/3
weeks who shall be taking up the matter and pass an appropriate
order after hearing all the parties in accordance with law, at an
earliest.
(Rajiv Roy, J)
vinayak/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.