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Patna High Court

Krishna DeviversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner must seek relief from the Collector of Patna, and therefore dismissed the writ petition.

Summary

Krishna Devi, the petitioner, claimed that a piece of land she acquired by sale deed in 2014 was taken for the extension of Hathidah Railway Station in 2016, but she never received compensation. She alleged she was unaware of the acquisition because she resided outside Bihar and only produced a rent receipt from 2021‑22. The petitioner sought payment of compensation and a fresh acquisition proceeding under the Land Acquisition Act, 2013. The respondents argued that there was no record of her being a claimant and that the acquisition had already occurred. After reviewing the submissions, the Court directed the petitioner to approach the Collector of Patna within four weeks for a reasoned order, and disposed of the writ petition.

Issues considered

  • Whether the petitioner is entitled to compensation for land acquired in 2016 for railway extension.
  • Whether a fresh land acquisition proceeding under the Land Acquisition Act, 2013 is required.
  • Whether the writ petition is maintainable or the relief should be sought from the Collector.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • railway extension
  • writ petition
  • High Court
  • collector

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.13031 of 2023
                 ======================================================
                 Krishna Devi W/o Shankar Mahto R/o-Village-New Chhawani Tola, Ward
                 No.-11 (Barahiya), P.S.-Barahiya, District-Lakhisarai.

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The Union of India through the Ministry of Railway, New Delhi.
           2.    The East Central Railway through its General Manager, Hajipur, Bihar.
           3.    The General Manager, East Central Railway, Hajipur, Bihar.
           4.    The Secretary to General Manager, East Central Railway, Hajipur, Bihar.
           5.    The State of Bihar through the Principal Secretary,Department of Revenue,
                 Bihar at Patna.
           6.    The District Magistrate, Patna.
           7.    The Land Acquisition Officer. Patna.
           8.    The Sub-Divisional Magistrate,- Barh at Dist.-Patna.
           9.    The Circle Officer, Mokama Block, Mokama, Dist.-Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Onkar Nath, Adv.
                 For the Respondent/s   :        Mr. Awdesh Kumar Pandey, Sr. CGC
                                                 Mr. Ravinder Kr. Sharma, CGC
                 For the State          :        Mrs. Nutan Sahay, AC to AAG-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   28-04-2026                     Heard Mr. Onkar Nath, learned counsel for the

                   petitioner and the State.

                                 2. The present application has been preferred for the

                   following relief(s):

                                                     (i) commanding the respondent
                                            authorities particularly the Respondent 1st
                                            set to do the payment of land acquisition
                                            proceeding in lieu of acquisition of land
                                            pertaining to Mauza-Maranchi, Thana No.-
                                            19, Tauzi No.-113/459, Khata No.-1390,
Patna High Court CWJC No.13031 of 2023(2) dt.28-04-2026
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                                 Khesra No.-5173 for an area of 1.25
                                 decimal.
                                              (ii) Commanding the respondents
                                 authorities to do the initiation of fresh land
                                 acquisition proceeding as per the Land
                                 Acquisition Act, 2013 and thereafter do the
                                 payment accordingly.
                                              (iii)       Grant   of   any   other
                                 consequential or incidental relief/reliefs, for
                                 which the petitioner can be found entitled
                                 for.
                      3. The matter relates to a piece of land, as recorded in

          the prayer itself, in the Hathidah area, Circle Office, Mokamah

          in the district of Patna.

                      4. The case of the lady- petitioner is that through a

          valid transaction/ sale deed dated 22.08.2014, the land came in

          her possession, rent receipt issued in the year 2021-22 but for

          the extension of Hathidah Railway Station, when the acquisition

          took place in the year 2016, no compensation amount was paid.

                      5. The submission by the learned counsel for the

          petitioner is that they used to reside away from the State of

          Bihar and as such, never came to know about the said

          acquisition/payment.

                      6. Learned State Counsel submits that the acquisition

          took place in the year 2016, the first rent receipt is of the year
           Patna High Court CWJC No.13031 of 2023(2) dt.28-04-2026
                                                      3/3




                     2021-22 and there is nothing on record to show whether the

                     petitioner was in the list of claimant or it has been taken by

                     someone else.

                                 7. Learned counsel for the petitioner, in that

                     background, submits that it will suffice if her proper

                     representation with supporting document is considered by the

                     Collector, Patna (respondent no. 6).

                                 8. Taking into account the submissions of the parties

                     and having gone through the documents on record, this Court

                     deems it appropriate to dispose of the petition directing the

                     petitioner to approach the concerned respondent no. 6, the

                     Collector, Patna in next four weeks who shall look into the

                     matter and after hearing all the parties, pass a reasoned order at

                     an earliest.

                                 9. The writ petition is disposed of with aforesaid

                     observation.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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