Patna High Court

Mahendra Prasad Yadav @ Mahendra PrasadversusThe State Of Bihar and Ors

Decided: 27 January 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The Court held that the petitioner may approach the appropriate authority or court for redressal and did not issue a mandamus directing payment of the award.

Summary

Mahendra Prasad Yadav filed a writ petition seeking a mandamus directing the State of Bihar and other authorities to pay the market value award for land acquired for the NH‑28A project. The petitioner argued that the award should be paid as per the market value of the 0.0380‑hectare land in Pipra Kothi. The State and the National Highway Authority of India did not oppose the petition, and the petitioner also sought permission to approach the appropriate authority for redressal, citing a prior decision in Jitendra Prasad Yadav v. State of Bihar. The Court noted that the petition had been pending for ten years due to a limitation issue but found no substantive objection to allowing the petitioner to seek relief elsewhere. Consequently, the Court disposed of the writ petition, permitting the petitioner to approach the appropriate authority or court for his grievance. No mandamus was issued by the Court.

Issues considered

Whether the Court should issue a mandamus directing payment of the market‑value award for the acquired land.
Whether the petitioner may be directed to approach the appropriate authority or court for redressal of his grievance.
Whether the limitation period bars the petition after a ten‑year pendency.

Subjects

land acquisition
mandamus
market value
highway project
limitation
writ petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.13816 of 2015
                 ======================================================
                 Mahendra Prasad Yadav @ Mahendra Prasad Son of Jai Mangal Yadav R/o
                 village - Laxhamanava, P.S. Raxaul, Distt. - East Champaran . ... Petitioner/s
                                                    Versus
           1.     The State Of Bihar
           2.    The Principal Secretary, Revenue and Land Reforms Department Cum
                 Director, Land Acquisition Bihar,
           3.    The Project Director, National Highway Authority of India, Ministry of
                 Road Transport and Highway P
           4.    The Collector, East Champaran, Motihari
           5.    The Addl. Collector, East Champaran, Motihari
           6.     The District Land Acquisition Officer, East Champaran, Motihari
                                                                          ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Manoj Kumar Sinha, Advocate
                 For the State          :        Mr. Sarvesh Kumar Singh, AAG-13
                 For NHAI               :        Mr. Dr. Anand Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   27-01-2026                   Heard Mr. Manoj Kumar Sinha, learned counsel for

                   the petitioner and Mr. Sarvesh Kumar Singh, learned counsel for

                   the State as also Dr. Anand Kumar, learned counsel for the

                   NHAI.

                                 2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for issuance of proper writ/writs,

                                            order/orders, direction /directions in the

                                            nature   of   MANDAMUS          directing     the

                                            respondent to make payment of award as per

                                            the market value which is going to be

                                            acquired for construction of NH-28A from
         Patna High Court CWJC No.13816 of 2015(3) dt.27-01-2026
                                                    2/2




                                           Pipra Kothi to Raxaul going through

                                           Jokivari village having the khata no. 241

                                           bearing khesra nо. 611 having an area of

                                           0.0380 hectare separately in L.A.Case No-

                                           06/11-12.

                                3. Learned counsel for the petitioner submits that it

                   will suffice if he may be allowed to approach the appropriate

                   authority/Court for redressal of the grievance in line with the

                   order passed by the Patna High Court in C.W.J.C. No. 13129 of

                   2015 (Jitendra Prasad Yadav vs. the State Of Bihar and

                   Ors).

                                4. Learned State counsel has no objection.

                                5. In that background, the writ petition is disposed of

                   allowing      the     petitioner       to   approach   the   appropriate

                   authority/Court for redressal of the grievance.

                                6. If such petition is preferred in next four weeks, it

                   has to be taken into account that the present writ petition was

                   pending for the last ten years before this Court while dealing

                   with the limitation petition.



                                                 (Rajiv Roy, J)
Ravi/-
U

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