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Patna High Court

Khurshid AlamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that no relief could be granted to the petitioner and dismissed the writ petition.

Summary

Petitioner Khurshid Alam filed a writ petition seeking compensation for a 0.0668 hectare parcel of land (Khesra No. 869) acquired for the construction of NH 122B, alleging that the Land Acquisition Officer wrongly denied compensation on the ground that the land was "Anabad Bihar Sarkar" (government land). The petitioner requested a certiorari to quash the officer's order, payment of compensation, and protection of his interest in the land. The State, represented by a GP‑14 officer, opposed the petition, contending that the land indeed belongs to the government and therefore no compensation is due. The Patna High Court examined the claim and concluded that the petitioner is not entitled to any relief under the facts presented. The Court noted that the petitioner remains free to approach the appropriate authority for any further grievance. Consequently, the writ petition was disposed without granting any relief.

Issues considered

  • What is the legal effect of a declaration that the acquired land is "Anabad Bihar Sarkar" on the entitlement to compensation?
  • Whether the Land Acquisition Officer's order denying compensation can be set aside by a writ of certiorari.

Subjects

  • land acquisition
  • compensation
  • government land
  • certiorari
  • writ jurisdiction
  • NH 122B
  • Anabad Bihar Sarkar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1504 of 2026
                 ======================================================
                 Khurshid Alam Son of Abdul Kalam Ansari, resident of village- Madudabad,
                 Post Office and Police Station- Mohiuddin Nagar, District- Samastipur.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Revenue and
                 Land Reforms Department, Government of Bihar, Patna.
           2.    The Chief Engineer, Road Construction Department, N.H. Wing (North
                 Bihar), Patna.
           3.    The Collector-cum-District Magistrate, District- Samastipur.
           4.    The District Land Acqusition Officer, Samastipur.
           5.    The Executive Engineer, N.H. Wing, Road Construction Department, Bihar
                 Sharif, Nalanda.
           6.    The Circle Officer, Mohiuddin Nagar, District- Samastipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Amit Kumar, Advocate
                 For the State            :      Mr. Dhurjati Kumar Prasad, GP-14
                 ======================================================
                 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) to issue a certiorari for direction

                                        to respondents to quash and set-aside the order

                                        dated 03.01.2025 passed by Land Acquisition

                                        Officer, Samastipur whereby and where under

                                        the Land Acquisition Officer has denied to grant

                                        compensation amount against the land acquired

                                        on the ground that the land is Anabad Bihar
Patna High Court CWJC No.1504 of 2026(2) dt.31-01-2026
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                             Sarkar.

                                          (ii) for direction to respondent no.4 to

                             pay the compensation amount of the acquired

                             land for construction of Road NH122B of the

                             petitioner      which       has     been    demarcated

                             appertaining to khata no.869, Thana no.182,

                             Area 0.0668 Hectares Under N.H. 122(B)

                             demarcated in Revenue village-Madudabad, Sub

                             division-Patori, District-Samastipur.

                                          (iii) for directing the respondent to

                             protect the position of the petitioner over the

                             aforesaid land.

                                          (iv)    for    which   pass    such   other

                             order/orders,        direction/directions     as   your

                             lordships may deem fit in the fact and

                             circumstances of the case and according to law.”

                      3. Though the petitioner want compensation of the

          land, the details are unavailable. On the other hand learned GP-

          14 Mr. Dhurjati Kumar Prasad, has taken this Court to the order

          dated 03.01.2025 issued by the District Land Acquisition

          Officer, Samastipur by which the claim of the petitioner has

          been negated with respect to a land bearing Khesra No. 869
            Patna High Court CWJC No.1504 of 2026(2) dt.31-01-2026
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                      (area 0.0668 hectare) on the ground that it belongs to him, it is

                      recorded as Anabad Bihar Sarkar.

                                  4. In that background, this Court is of the opinion that

                      no relief can be extended to the petitioner. However, the

                      petitioner so want, always have the liberty to move before

                      appropriate authority/court for the redressal of the grievance.

                                  5. The writ petition is disposed of with the aforesaid

                      observation.



                                                    (Rajiv Roy, J)
vinayak/-

U


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