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Patna High Court

Sarita SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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


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