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Patna High Court

Dhanushdhar RoyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that where a land acquisition deprives a person of property, the authorities must provide a reasoned order and pay compensation at market value, and the writ jurisdiction under Article 226 is appropriate despite alternative remedies due to violation of property rights and natural justice.

Summary

The petitioner, Dhanushdhar Roy, claimed ownership of Raiyati land that was acquired for the extension of NH‑31 and alleged that no compensation or interest had been paid despite a land acquisition case (No. 23 of 2010‑11) and notice. He filed a writ petition seeking compensation, a reasoned award, and an inquiry into alleged malafide conduct by officials. The State argued that the petitioner had delayed the process and that an alternative statutory remedy existed, rendering the writ non‑maintainable. The Court examined the principle that High Courts may entertain writs where fundamental rights or natural justice are infringed, even if alternative remedies exist, and emphasized the need for reasoned administrative decisions. Relying on Supreme Court precedents and Article 300A, the Court directed the Collector to obtain records, hold a hearing, pass a reasoned order within six weeks, and ensure compensation at market value, thereby disposing of the petition.

Issues considered

  • Whether the petitioner is entitled to compensation and interest for land acquired for NH‑31 extension.
  • Whether the writ petition is maintainable despite the existence of alternative statutory remedies.
  • Whether the authorities are required to pass a reasoned order under principles of natural justice.

Subjects

  • land acquisition
  • compensation
  • Article 300A
  • writ jurisdiction
  • reasoned order
  • property rights
  • NHAI
  • Bihar

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1204 of 2026
     ======================================================
     Dhanushdhar Roy Son of Late Radha Mohan Roy, Resident of Village-
     Jamunia, P.O.- Jamunia, P.S.- Sahu Parbatta, District - Bhagalpur, Pin Code -
     853202 (Bihar).                                             ... ... Petitioner/s
                                   Versus

1.   The State of Bihar through The Principal Secretary, Department of Revenue
     and Land Reforms, Government of Bihar, Patna.
2.   The Collector, Bhagalpur.
3.   The Competent Authority -Cum- District Land Acquisition Officer, District -
     Bhagalpur.
4.   The Competent Authority -Cum- Land Reforms Deputy Collector,
     Bhagalpur, District- Bhagalpur.
5.   The Union of India, through The Secretary, Ministry of Road and Highways,
     Government of India, New Delhi.
6.   The Director, National Highway Authority of India, New Delhi.
7.    The Project Director, National Highway Authority of India, N.H. 31,
      Khagaria- Purnea Section, Begusarai (Bihar).     ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr.Ujjwal Kumar Sinha, Advocate
     For NHAI               :       Mr.Gaurav Govinda, Advocate
     For the State          :       MR.Vivek Prasad, GP 7
                                    Mr.Sanjay Kumar, AC to GP 7
                                    Ms.Roona, AC to GP 7
                                    Mrs.Manisha Singh, AC to GP 7
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                         ORAL JUDGMENT
      Date : 29-01-2026
                  Heard Mr. Ujjwal Kumar Sinha, learned counsel

      appearing on behalf of the petitioner; Mr. Gaurav Govinda,

      learned counsel for NHAI and Mr. Vivek Prasad, learned GP 7

      along with Mr. Sanjay Kumar, Ms. Roona and Mrs. Manisha

      Singh, learned AC to GP 7 for the State.

                    2. The petitioner in paragraph no. 1 of the present writ

      petition has sought, inter alia, following relief(s), which is
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         reproduced hereinafter:-

                                    "(i) For directing the Respondent
                         Authorities to pay the amount of compensation
                         along with statutory interest with respect to the
                         Raiyati land of the petitioner which has been
                         acquired by the Respondent Authorities for
                         extension of NH 31 (Khagaria-Purnea Section)
                         for which the Land Acquisition case No.23 of
                         2010-11 was registered and notice was issued to
                         the petitioner but after submission of relevant
                         papers or evidence by the petitioner nothing has
                         been done as yet.
                                    II. For directing the respondent
                         Authorities to take steps in accordance with the
                         law to decide the Representation of the petitioner
                         with respect to his claim for payment of amount
                         of compensation against the acquisition of his
                         Raiyati Land.
                                    III. For directing the Respondent
                         Authorities to provide a details of the proceeding
                         of Land Acquisition Case No.23 of 2010-11 and
                         the Award prepared in the said case with respect
                         to the acquired land of the petitioner and further
                         to make payment to the petitioner in prevailing
                         market rent of the land with statutory interest.
                                    IV. For directing the Collector,
                         Bhagalpur to make an inquiry over the matter
                         and further to initiate a proper proceeding
                         against the responsible person whose approach
                         towards the petitioner regarding the payment of
                         amount of compensation is malafide and is
                         harming the object of the law of Land
                         Acquisition.
                                    V. For grant of any other relief or
                         reliefs as your Lordships may found entitled too.”

                     3. Brief facts of the case is that the petitioner claims

         lawful ownership and peaceful possession overt the land bearing

         Khata No.862, Plot No.315, P.S. No.46, measuring area 4 ½

         Decimals of land situated at Mauza Jamunia, Anchal
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         Naugachiya (Bhagalpur). The grievance of the petitioner arose

         when the land belonging to the petitioner was acquired for

         extension of NH 31 (Khagaria-Purnea Section), however, no

         payment of compensation along with the interest been made till

         date. A Land Acquisition Case No.23 of 2010-11 has also been

         instituted against the petitioner in this regard and the notice has

         been issued to the petitioner and his brother.

                     4. Learned counsel appearing on behalf of the

         petitioner informs that for the relief(s) as prayed for in the

         present writ petition, the petitioner has already filed

         representation before the District Magistrate-cum- Collector,

         Bhagalpur on 10.12.2018, however, no action has been taken on

         the same till date.

                     5. Per contra, learned counsel appearing on behalf of

         the State submitted that the petitioner himself is responsible for

         not receiving due compensation. Petitioner has not denied the

         fact that other persons in the vicinity have not been paid the due

         compensation. Petitioner has himself delayed and has directly

         approached this Hon’ble Court. Accordingly, the writ petition is

         not maintainable. He submitted that the petitioner has availed

         alternative efficacious remedy before coming before this Court

         by filing an application under Article 226 of the Constitution of
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         India.

                     6. Heard the parties.

                     7. Before going into the merits of the case of

         respective parties I find that it is commonly seen that the

         Officers having quasi judicial power in its administrative side

         often delay in considering the representation filed by the

         aggrieved person or they deliberately delay to even adjudicate

         those cases where they exercise their adjudicatory power, while,

         it is well settled principle of law that High Courts should not

         exercise its writ jurisdiction under Article 226 of the

         Constitution of India if an effective and efficacious remedy is

         available. Taking into circumstances of the present case where

         fundamental/constitutional right of a citizen is infringed, this

         Court must not fail to exercise its power under Article 226 of

         the Constitution of India.

                     8. It is also well settled principle of law that every

         administrative action in want of reason is not sustainable as has

         been held by the Apex Court in the case of Kranti Associates

         (P) Ltd. v. Masood Ahmed Khan reported in (2010) 9 SCC 496.

         The relevant paragraph is reproduced hereinbelow:

                                      “47.     Summarizing       the  above
                                      discussion, this Court holds:
                                      (a) In India the judicial trend has
                                      always been to record reasons, even in
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                                      administrative decisions, if such
                                      decisions affect anyone prejudicially.
                                      (b) A quasi-judicial authority must
                                      record reasons in support of its
                                      conclusions.
                                      (c) Insistence on recording of reasons
                                      is meant to serve the wider principle of
                                      justice that justice must not only be
                                      done it must also appear to be done as
                                      well.
                                      (d) Recording of reasons also operates
                                      as a valid restraint on any possible
                                      arbitrary exercise of judicial and
                                      quasi-judicial or even administrative
                                      power.
                                      (e) Reasons reassure that discretion
                                      has been exercised by the decision-
                                      maker on relevant grounds and by
                                      disregarding                  extraneous
                                      considerations.
                                      (f) Reasons have virtually become as
                                      indispensable a component of a
                                      decision-making process as observing
                                      principles of natural justice by judicial,
                                      quasi-judicial       and     even      by
                                      administrative bodies.
                                      (g) Reasons facilitate the process of
                                      judicial review by superior courts.
                                      (h) The ongoing judicial trend in all
                                      countries committed to rule of law and
                                      constitutional governance is in favour
                                      of reasoned decisions based on
                                      relevant facts. This is virtually the
                                      lifeblood of judicial decision-making
                                      justifying the principle that reason is
                                      the soul of justice.
                                      (i) Judicial or even quasi-judicial
                                      opinions these days can be as different
                                      as the judges and authorities who
                                      deliver them. All these decisions serve
                                      one common purpose which is to
                                      demonstrate by reason that the relevant
                                      factors     have      been     objectively
                                      considered. This is important for
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                                      sustaining the litigants‟ faith in the
                                      justice delivery system.
                                      (j) Insistence on reason is a
                                      requirement       for    both    judicial
                                      accountability and transparency.
                                      (k) If a judge or a quasi-judicial
                                      authority is not candid enough about
                                      his/her decision-making process then it
                                      is impossible to know whether the
                                      person deciding is faithful to the
                                      doctrine of precedent or to principles of
                                      incrementalism.
                                      (l) Reasons in support of decisions
                                      must be cogent, clear and succinct. A
                                      pretence of reasons or “rubber-stamp
                                      reasons” is not to be equated with a
                                      valid decision-making process.
                                      (m) It cannot be doubted that
                                      transparency is the sine qua non of
                                      restraint on abuse of judicial powers.
                                      Transparency in decision-making not
                                      only makes the judges and decision-
                                      makers less prone to errors but also
                                      makes them subject to broader
                                      scrutiny. (See David Shapiro in
                                      Defence of Judicial Candor32).
                                      (n) Since the requirement to record
                                      reasons emanates from the broad
                                      doctrine of fairness in decision-
                                      making, the said requirement is now
                                      virtually a component of human rights
                                      and was considered part of Strasbourg
                                      Jurisprudence. See Ruiz Torija vs.
                                      Spain33 EHRR, at 562 para 29 and
                                      Anya v. University of Oxford34,
                                      wherein the Court referred to Article 6
                                      of the European Convention of Human
                                      Rights which requires, “adequate and
                                      intelligent reasons must be given for
                                      judicial decisions.”
                                      (o) In all common law jurisdictions
                                      judgments play a vital role in setting up
                                      precedents for the future. Therefore,
                                      for development of law, requirement of
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                                 giving reasons for the decision is of the
                                 essence and is virtually a part of “due
                                 process”.
                     9. The law in this regard has been reiterated by the

         Apex Court in the Case of M/s Magadh Sugar & Energy Ltd.

         Versus The State of Bihar & Ors. reported in LL 2021 SC 495,

         Paragraphs no. 19 and 28 would be relevant in this regard,

         which is as under:-

                                    “19. While a High Court would
                         normally not exercise its writ jurisdiction under
                         Article 226 of the Constitution if an effective and
                         efficacious alternate remedy is available, the
                         existence of an alternate remedy does not by itself
                         bar the High Court from exercising its
                         jurisdiction in certain contingencies. This
                         principle has been crystallized by this Court in
                         Whirpool       Corporation     v.    Registrar    of
                         Trademarks, Mumbai and Harbanslal Sahni v.
                         Indian Oil Corporation Ltd. Recently, in Radha
                         Krishan Industries v. State of Himachal Pradesh
                         & Ors a two judge Bench of this Court of which
                         one of us was a part of (Justice DY Chandrachud)
                         has summarized the principles governing the
                         exercise of writ jurisdiction by the High Court in
                         the presence of an alternate remedy. This Court
                         has observed:
                                    “28. The principles of law which
                         emerge are that: (i) The power under Article 226
                         of the Constitution to issue writs can be exercised
                         not only for the enforcement of fundamental
                         rights, but for any other purpose as well; (ii) The
                         High Court has the discretion not to entertain a
                         writ petition. One of the restrictions placed on the
                         power of the High Court is where an effective
                         alternate remedy is available to the aggrieved
                         person; (iii) Exceptions to the rule of alternate
                         remedy arise where (a) the writ petition has been
                         filed for the enforcement of a fundamental right
                         protected by Part III of the Constitution; (b) there
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                         has been a violation of the principles of natural
                         justice; (c) the order or proceedings are wholly
                         without jurisdiction; or (d) the vires of a
                         legislation is challenged; (iv) An alternate remedy
                         by itself does not divest the High Court of its
                         powers under Article 226 of the Constitution in
                         an appropriate case though ordinarily, a writ
                         petition should not be entertained when an
                         efficacious alternate remedy is provided by law;
                         (v) When a right is created by a statute, which
                         itself prescribes the remedy or procedure for
                         enforcing the right or liability, resort must be had
                         to that particular statutory remedy before
                         invoking the discretionary remedy under Article
                         226 of the Constitution. This rule of exhaustion
                         of statutory remedies is a rule of policy,
                         convenience and discretion; and (vi) In cases
                         where there are disputed questions of fact, the
                         High Court may decide to decline jurisdiction in a
                         writ petition. However, if the High Court is
                         objectively of the view that the nature of the
                         controversy requires the exercise of its writ
                         jurisdiction, such a view would not readily be
                         interfered with.”
                           10. The principle of alternative remedies and its

         exceptions has also been clarified in Assistant Commissioner

         of State Tax v. M/s Commercial Steel Limited (Civil Appeal

         No. 5121 of 2021). In State of HP v. Gujarat Ambuja Cement

         Ltd & Anr., reported in (2005) SCC 6 499. The Apex Court has

         held that a writ petition is maintainable before the High Court if

         the taxing authorities have acted beyond the scope of their

         jurisdiction. It has observed as under:

                         “23. Where under a statute there is an allegation
                         of infringement of fundamental rights or when on
                         the undisputed facts the taxing authorities are
                         shown to have assumed jurisdiction which they do
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                         not possess can be the grounds on which the writ
                         petitions can be entertained. But normally, the
                         High Court should not entertain writ petitions
                         unless it is shown that there is something more in
                         a case, something going to the root of the
                         jurisdiction of the officer, something which would
                         show that it would be a case of palpable injustice
                         to the writ petitioner to force him to adopt the
                         remedies provided by the statute. It was noted by
                         this Court in L. Hirday Narain v. ITO [(1970) 2
                         SCC 355: AIR 1971 SC 33] that if the High Court
                         had entertained a petition despite availability of
                         alternative remedy and heard the parties on
                         merits it would be ordinarily unjustifiable for the
                         High Court to dismiss the same on the ground of
                         non-exhaustion of statutory remedies; unless the
                         High Court finds that factual disputes are
                         involved and it would not be desirable to deal with
                         them in a writ petition.”
                         11. It is also to be taken note of that Article 300A

         of the Constitution of India, which tends to safeguard the

         invaluable right to property.


                                 “300-A. Persons not to be deprived of
                                 property save by authority of law
                                 No person shall be deprived of his property
                                 save by authority of law.”
                         12. The State cannot disposses a citizen of his

         property except in accordance with law and procedure

         prescribed. The obligation to pay compensation is not

         expressively included in Article 300-A of the Constitution of

         India can be inferred in that Article. The law in this regard is

         well settled by the Apex Court in case of Vidaya Devi Vs. The

         State of Himachal Pradesh & Ors. reported in 2020(2) SCC
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         569, I find it proper to quote the para-12.1 and 12.2 of the said

         judgment, which are inter alia reproduced hereinafter;

                             “12.1. The appellant was forcibly
                             expropriated of her property in 1967, when
                             the right to property was a fundamental
                             right guaranteed by Article 31 in Part III of
                             the Constitution. Article 31 guaranteed the
                             right to private property [State of W.B. v.
                             Subodh Gopal Bose, (1953) 2 SCC 688 ,
                             which could not be deprived without due
                             process of law and upon just and fair
                             compensation.
                             12.2. The right to property ceased to be a
                             fundamental right by the Constitution
                             (Forty-Fourth Amendment) Act, 1978,
                             however, it continued to be a human right
                             [Tukaram Kana Joshi v. MIDC, (2013) 1
                             SCC 353 in a welfare State, and a
                             constitutional right under Article 300-A of
                             the Constitution. Article 300-A provides
                             that no person shall be deprived of his
                             property save by authority of law. The State
                             cannot dispossess a citizen of his property
                             except in accordance with the procedure
                             established by law. The obligation to pay
                             compensation, though not expressly
                             included in Article 300-A, can be inferred
                             in that Article. [K.T. Plantation (P) Ltd. v.
                             State of Karnataka, (2011) 9 SCC 1”
                     13. The above proposition of law has again been

         reiterated by the Apex Court in the case of Dharnidhar Mishra

         (D) and Another vs. State of Bihar and Others, in Civil Appeal

         No. 6351 of 2024, reported in (2024) 10 Supreme Court Cases

         605, is relevant. The paragraph is reproduced as under:–

                                 “ 16. The right to property ceased to be
                         a fundamental right by the Constitution (Forty-
                         fourth Amendment) Act, 1978, however, it
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                       continued to be a human right in a welfare State,
                       and a constitutional right under Article 300-A of
                       the Constitution. Article 300-A provides that no
                       person shall be deprived of his property save by
                       authority of law. The State cannot dispossess a
                       citizen of his property except in accordance with
                       the procedure established by law. The obligation
                       to pay compensation, though not expressly
                       included in Article 300-A, can be inferred in that
                       Article. [See: K.T. Plantation (P) Ltd. v. State of
                       Karnataka [K.T. Plantation (P) Ltd. v. State of
                       Karnataka, (2011) 9 SCC 1.”
                     14. In such circumstances, when the question of right

         to property as per the provision of Article 300A of the

         Constitution of India comes to the knowledge of this Court, this

         Court has no alternative than to direct the concerned authority to

         forthwith take action and see that the grievance of the petitioner

         is redressed well within a period of three weeks in accordance

         with law from the date of communication of this order.

                     15. The District Magistrate-cum-Collector, Bhagalpur

         is directed to call for the entire records from the Circle Officer

         concerned relating to the land in question and after affording

         due opportunity of hearing to both the parties, pass a reasoned

         order and dispose of the representation filed on behalf of the

         petitioners well within a period of six weeks from the date of

         communication of this order, otherwise, this Court will take

         action against all the authorities.

                     16. In case, the land of the petitioners are acquired,
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                         then in that case, the petitioners are required to be paid due

                         compensation as per MVR determined at the rate of commercial

                         value of the land.

                                        17. Accordingly, the present application stands

                         disposed of.


                                                                  (Purnendu Singh, J)
chn/-
AFR/NAFR                   NAFR
CAV DATE                   NA
Uploading Date             05.02.2026
Transmission Date          NA


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