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Patna High Court

Gopal Prasad Patel @ Gopal PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered the respondents to process the petitioner’s compensation claim and disposed of the writ petition, indicating the petitioner is entitled to the amount upon furnishing necessary documents.

Summary

Petitioner Gopal Prasad Patel filed a writ petition seeking payment of compensation for two parcels of land acquired by the State of Bihar for the Ram Janki Road Project (NH‑227A). The acquisition notices were issued on 6‑Feb‑2023, indicating a total compensation of Rs 17,10,756 and Rs 4,81,903 with 12% interest, but no payment had been made. The petitioner argued that the matter had not been concluded despite his reply to the notice, and highlighted his advanced age of 84 years. The State counsel contended that the notice lacked supporting documents and dates. The Court, noting the petitioner's age and the pending claim, directed the respondents to process the compensation and disposed of the writ petition with the observation that the petitioner is entitled to the amount if he furnishes the required documents.

Issues considered

  • What entitlement does the petitioner have to compensation for land acquired under the Ram Janki Road Project?
  • Whether the State authorities are obligated to pay the specified compensation and interest pending the petitioner's submission of documents?

Subjects

  • land acquisition
  • compensation
  • writ petition
  • senior citizen
  • Bihar
  • civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.13667 of 2025
                 ======================================================
                 Gopal Prasad Patel @ Gopal Prasad Son of Late Bodha Rawat @ Bodha Pd.
                 Patel Resident of Village-Kauriya Tola Khairwa. P.S.- Bhagwanpur Hat,
                 District-Siwan, Bihar.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Principal Secretary, Land Reform, Government of Bihar, Patna.
           3.    The District Collector Cum Land Acquisition Officer, Siwan.
           4.    The Sub-Divisional Officer, Maharajganj, Siwan.
           5.    The Circle Officer Bhagwanpur Hat Anchal, District Siwan.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ajay Kumar Pandey, Advocate
                 For the Stat             :     Mr. Addl. Advocate General (03)
                                          :     Mrs. Divya Verma AC to AAG-3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   04-05-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                 “(i) a direction may be given to the

                                        respondent   no.-3   to    4   for     payment     of

                                        compensation amount for the land which has

                                        been acquired by the authorities vide land

                                        Acquisition Case no. 35/2021-22, Panchat No.-

                                        61 of Survey Khata no. 311, Survey Khesra no.-

                                        3188 Area--0.1775 Acres of Mauza - Kauriya,

                                        Thana no, 363, Anchal Bhagwanlpur Hat,
Patna High Court CWJC No.13667 of 2025(2) dt.04-05-2026
                                           2/3




                             District-Siwan and vide lane Acquisition Case

                             no.- 35/2021-22, Panchat no. 63 Survey Khata

                             no.-311, Survey Khesra No.- 3193, Area 0.05

                             Acres of village Kauriya , Thana no.-363, Anchal

                             Bhagwanpur Hat, District-Siwan and for that a

                             notice sent to the petitioner dated 6-2-2023 by

                             Land acquisition Officers, Siwan mentioning the

                             amount of compensation i.e. Rs. 17,10,756.00/-

                             (Seventeen Lakhs ten thousand Seven hundred

                             fifty six) and Rs. 4,81,903/- (Four lakhs eighty

                             one     thousand       nine   hundred   and   three)

                             respectively about 1/3 share of the total amount

                             and 12% interest per annum till the payment.

                                         (ii) any other relief/reliefs may be

                             given to the petitioner as per the law of the land.


                      3. Learned counsel for the petitioner submits that for

          the Ram Janki Road Project NH-227A acquisition, a notice was

          received by him issued by the District Land Acquisition Officer,

          Siwan on 06.02.2023. Pursuant thereto, the reply was filed but

          the matter has not been taken to its logical conclusion nor

          compensation made.

                      4. Learned State counsel object to it and submits that
            Patna High Court CWJC No.13667 of 2025(2) dt.04-05-2026
                                                       3/3




                      though Statement is there, neither the date nor the documents

                      are available to support the said contention.

                                  5. In that background, learned counsel for the

                      petitioner submits that he shall be responding to the said notice

                      within next four weeks.

                                  6. If such petition is filed, this Court would expect an

                      order relating to the claim of the petitioner and if he is otherwise

                      found eligible and submits all the document to support his case,

                      needless to add, he shall be entitled to the compensation

                      amount.

                                  7. The aforesaid order has been passed in view of the

                      fact that the petitioner is 84 years old and as such, it is expected

                      that the State respondents shall be taking the matter to its logical

                      conclusion at an earliest.

                                  8. The writ petition is disposed of with the aforesaid

                      observation.



                                                    (Rajiv Roy, J)
vinayak/-

U


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