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Patna High Court

Uday Kumar SawversusThe State of Bihar

Decided
Disposal
DISPOSED

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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