Patna High Court
Md. Sayed @ Sayed Alam @ Md. SaidversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The petition is dismissed as the petitioner must first avail the remedy under the Bihar Agriculture Land (Conversion for Non‑Agriculture Purposes) Act, 2010 before seeking further relief.
Summary
The petitioner, Md. Sayed, filed a writ petition seeking to quash two acquisition memos and to have his land re‑classified as residential under the Bihar Agriculture Land (Conversion for Non‑Agriculture Purposes) Act, 2010 after receiving compensation for the acquisition. He contended that the Minimum Value Register for the surrounding area was based on residential rates, justifying a higher compensation. The State argued that the petitioner’s objection was filed after he had already accepted the compensation and that any further relief must be pursued under the statutory conversion remedy, not through a writ. The Court observed that the petitioner’s objection was belated and that he had not yet invoked the remedy provided by Section 5 of the 2010 Act. Accordingly, the Court directed the petitioner to first avail himself of the statutory conversion process before seeking any further relief. The writ petition was therefore disposed of, effectively dismissing the relief sought.
Issues considered
- Whether a petitioner can seek re‑classification of acquired land and additional compensation after having accepted the initial compensation award.
- Whether a belated objection to the compensation amount is maintainable in a writ petition.
- Whether the remedy under Section 5 of the Bihar Agriculture Land (Conversion for Non‑Agriculture Purposes) Act, 2010 must be pursued before approaching the court.
Legislation cited
- Land Acquisition Act — s. 23
Subjects
- land acquisition
- compensation
- conversion of land
- belated objection
- writ petition
- Bihar Agriculture Land Act
- Section 5
- Section 23
- residential land
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14013 of 2021
======================================================
Md. Sayed @ Sayed Alam @ Md. Said S/o Late Maghu @ Late Magau,
Resident of Andabari, P.S.-Pathamari, District-Kishanganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secreary, Revenue and Land
Reforms Department, Bihar, Patna.
2. The Collector Cum District Land Acquisition Officer, Kishanganj.
3. The Land Acquisition Officer, Kishanganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate
For the Respondent/s : Mr. Sajid Salim Khan, (SC25)
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 31-01-2026 Heard Mr. Bhola Prasad, learned counsel appearing
on behalf of the petitioner and Mr. Sajid Salim Khan, learned
SC25 for the State.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought inter alia the following relief(s), which is
reproduced hereinafter:-
“This writ application has been
filed for the following relief (s):-
(i) For issuance of an appropriate
writ order or direction quashing the Memo No.
5366 dated 16.11.2018 and Memo No. 1059
dated 30.04.2019 issued by the Collector cum
District Land Acquisition Officer, Kishanganj in
connection with L.A. Case No. 68/15-16 the
award has been prepared and to receive the
same submit the required documents.
(ii) Further direct the respondents
to consider the objection/claim of the petitioner
in the manner as laid down u/s 23 of Land
Acquisition Act 2013 as well as guideline issued
Patna High Court CWJC No.14013 of 2021(4) dt.31-01-2026
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on 18.12.2017 and 15.02.2018 and pay the
adequate compensation treating the land to be
residential.
And for any other relief (s) for
which the petitioner is found to be entitled in the
facts and circumstances of the case.”
3. Learned counsel appearing on behalf of petitioner
informs that an award was prepared on 16.11.2018 and it is
admitted that the petitioner has received the amount of
compensation, however, the petitioner disputes the same in view
of the fact that the adjoining land, which has been acquired in
the said vicinity, the Minimum Value Register (MVR) of the
area has been fixed on the basis of residential area. Being
aggrieved by the same, the petitioner seeks to first avail remedy
in accordance with the provision of Section 5 of the Bihar
Agriculture Land (Conversion for Non-Agriculture Purposes)
Act, 2010 (hereinafter referred to as the “The Act, 2010”) for
conversion of the said land and thereafter, seeks to file a detailed
application along with the Minimum Value Register (MVR)
existing on the date in the vicinity of the land acquired by the
Land Acquisition Officer, Kishanganj for the Railways.
4. Learned counsel appearing on behalf of the
respondent submitted that though the petitioner has filed his
objection after having received the compensation amount and
now he wants to avail remedy under the Act, 2010 for the
Patna High Court CWJC No.14013 of 2021(4) dt.31-01-2026
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conversion of the said land as a residential land, after making
payment of the due amount and such belated relief is not
maintainable in the eye of law and the writ petition is fit to be
dismissed.
5. Having considered the rival submissions made on
behalf of the parties, I find that the petitioner, after having
received the amount of compensation, has filed his objection
belatedly and till date he has not taken action to get his land
converted as per provision of the Act, 2010 and straight away
came to this Court for the relief(s) as prayed for in the present
writ petition. The petitioner is directed to avail remedy in
accordance with law, so as to first become entitled for claims
and the relief(s) as prayed for in the present writ petition.
6. Accordingly, the present application stands
disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U
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