Patna High Court
Uday Kumar SawversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed of, directing the petitioners to file fresh representation before the District Land Acquisition Officer, with any further remedy to be sought before a superior authority or tribunal.
Summary
The petitioners, Uday Kumar Saw and Harilal Prasad Saw, filed a writ petition seeking direction for the State of Bihar and its officials to pay compensation with interest for land acquired from their ancestors for a road project. They alleged that the District Land Acquisition Officer (DLAO) of Nawada had not yet decided on their representation regarding the award. The State counsel argued that if the DLAO had not decided, the petition should be considered but the petitioners ought to file a fresh petition. The Court held that the writ petition could not be entertained at this stage and directed the petitioners to file a fresh representation before the DLAO, noting that any further grievance could be taken to the appropriate superior authority or tribunal. Consequently, the writ petition was disposed of with the observation that the administrative process must be exhausted before judicial intervention.
Issues considered
- What relief can be granted by the court when the administrative authority (DLAO) has not yet decided on the compensation claim?
- Whether the court can direct payment of compensation and interest in the absence of a decision by the land acquisition officer.
Subjects
- land acquisition
- compensation
- writ petition
- administrative delay
- interest
- road construction
- representation
- superior authority
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1465 of 2026
======================================================
1. Uday Kumar Saw Son of Late Ram Prasad Saw, Resident of Village -
Akbarpur, Mauza- Pachrukhi, Police Station -Akbarpur, Circle-Akbarpur,
District- Nawada.
2. Harilal Prasad Saw Son of Late Ram Prasad Saw, Resident of village-
Akbarpur, Mauza- Pachrukhi, Police Station- Akbarpur, Circle - Akbarpur,
District-Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Department of Road Construction,
Government of Bihar, Patna.
2. The Collector, Nawada.
3. The District Land Acquisition Officer, Nawada.
4. The Circle Officer, Akbarpur, Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Ejaz Akhtar, Advocate
For the State : Mr. Standing Counsel 7
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 31-01-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for direction to the to the
respondents to make payment of award/
compensation for acquisition land of ancestors
of the petitioners appertaining to Thana No. 258,
Khata No. 5895, Plot No. 1849, Area- 0.00988
Acre, situated at Mouza- Pachrukhi which has
been acquired and used for construction of road
Patna High Court CWJC No.1465 of 2026(2) dt.31-01-2026
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SH 103 (Manjhway- Govindpur Path) and also
direct the respondents to ensure payment of
compensation amount with interest to the
petitioner.
(ii) any other suitable reliefs as the
Hon’ble Court may deem fit and proper.
3. It has been informed by learned counsel for the
petitioners that the respondent no.3, the District Land
Acquisition Officer, Nawada has still not taken decision on the
representation preferred by them.
4. Learned State counsel submits that if the decision
has not been taken, the petition preferred by the petitioners shall
be considered. However, it would be appropriate that the
petitioners file a fresh petition.
5. In that background, the writ petition is disposed of
allowing the petitioners to file fresh representation before the
respondent no.3, the District Land Acquisition Officer, Nawada,
who shall be considering the matter before taking a final
decision.
6. The aforesaid order has been passed in the
background of the submission put forward by the learned
counsel for the petitioners that the decision has yet not been
Patna High Court CWJC No.1465 of 2026(2) dt.31-01-2026
3/3
taken.
7. If the decision has been taken, the remedy before
the aggrieved parties is/are to move before appropriate superior
Authority/Tribunal for the redressal of the grievances.
8. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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