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Patna High Court

Jai Prakash Bhagat @ Jai Prakash DasversusThe state of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed of, with the petitioner directed to approach the Collector, Saharsa, for redressal of the grievance.

Summary

The petitioner, Jai Prakash Bhagat, filed a writ petition seeking mandamus to restrain the respondents from constructing on his settled land and to compel them to follow due procedure of land acquisition and award compensation. The petition also requested any other appropriate reliefs. The court heard arguments and noted that the petitioner could approach the Collector of Saharsa for redressal of his grievance. The State counsel raised no objection to this approach. Consequently, the court directed the petitioner to file a petition before the Collector and, if filed, to ensure it is concluded promptly, thereby disposing of the writ petition.

Issues considered

  • Whether the respondents are authorized to construct on the petitioner's settled land without following land acquisition procedures.
  • Whether a writ of mandamus can be issued directing compliance with land acquisition law and payment of compensation.
  • Whether the High Court should entertain the writ petition or direct the petitioner to approach the administrative authority for remedy.

Subjects

  • land acquisition
  • mandamus
  • settled land
  • compensation
  • writ petition
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.13271 of 2023
                 ======================================================
                 Jai Prakash Bhagat @ Jai Prakash Das Son of Late Ramdhani sah Bhagat,
                 Resident of village - Itahari, P.S. O.P. Banma Itahari, District-Saharsa.
                                                                                 ... ... Petitioner/s
                                                       Versus
           1.     The state of Bihar Through the Additional Chief Secretary Department of
                  Revenue and Land Reforms, Government of Bihar.
           2.    The Collector cum - District Magistrate, Saharsa.
           3.    The Add. Collector cum Add. District Magistrate, Saharsa.
           4.    The Block Development Officer, Banma Itahari, Saharsa.
           5.    The Circle officer, Banma Itahari, Saharsa.
           6.     The Block working Programme officer, Banma Itahari, Saharsa.
                                                                        ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Navnit Kumar, Advocate
                 For the Respondent/s    :        Mr. Raj Kishore Roy, GP-18
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   07-04-2026                  Heard Mr. Navnit Kumar, learned counsel for the

                   petitioner and the State.

                                2. The present petition has been preferred for the

                   following relief(s):

                                                “I. For issuance of a writ in the nature of

                                   mandamus         or    any     other     appropriate       writ,

                                   order/orders, directing /commanding restraining the

                                   respondents for making any construction over the

                                   khatiyani /settled land of the petitioner pertaining to

                                   khata no. 803, khesara no. 531, thana no. 321, area

                                   6 acres23 decimal and khata no. 802, khesara no.

                                   596, area 01 acres 80 decimal situated in Mauza

                                   Itahari.

                                                II. For issuance of a writ in the nature of

                                   mandamus         or    any     other     appropriate       writ,
          Patna High Court CWJC No.13271 of 2023(2) dt.07-04-2026
                                                      2/2




                                    order/orders directing the respondents to follow due

                                    procedure of land acquisition and acquired the raiyat

                                    / settled land of the petitioner pertaining to khata no.

                                    803, khesara no. 531, area 6 acres 23 decimal and

                                    khata no. 802 , khesara no. 596, area 01 acres 80

                                    decimal And awarding / granting compensation to

                                    the petitioner.

                                                III. For issuance of any other relief /

                                    reliefs, interim relief/ reliefs for which the petitioner

                                    is found entitled too.”

                                3. After some arguments, learned counsel for the

                    petitioner submits that alongwith all the documents, he shall be

                    approaching the respondent no. 2, the Collector, Saharsa for the

                    redressal of the grievance.

                                4. Learned State counsel has no objection to it.

                                5. In that background, allowing the petitioner to

                    approach the Collector, Saharsa, as recorded above, and if such

                    petition is filed, with a direction to take the same to its logical

                    conclusion at an earliest, the writ petition stands disposed of.



                                                  (Rajiv Roy, J)
Adnan/-

U


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