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Patna High Court

Kamal PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed, directing the petitioner to approach the Competent Authority within four weeks for consideration of the compensation claim.

Summary

Kamal Prasad, heir of a saw‑mill owner, filed a writ petition seeking a mandamus directing the State, the District Land Acquisition Officer, the Union and NHAI to pay compensation for land acquired for the NH‑227A project, along with statutory interest and a time‑bound payment order. The petitioner also asked the court to consider a pending representation dated 13‑10‑2025. The State counsel argued that the grievance should first be raised before the Competent Authority (the District Land Acquisition Officer). The court held that the petitioner must approach the Competent Authority within four weeks for redress, and that the writ petition is therefore disposed, with the expectation that any subsequent petition before the Authority be disposed within six months. No substantive determination on the compensation claim was made by the court.

Issues considered

  • Whether the court can issue a mandamus directing payment of compensation and interest in a land acquisition matter.
  • Whether the petitioner must first approach the Competent Authority (District Land Acquisition Officer) before seeking judicial intervention.
  • Whether the writ petition is maintainable for the reliefs claimed.

Subjects

  • land acquisition
  • compensation
  • mandamus
  • statutory interest
  • writ petition
  • NHAI
  • public project
  • delay

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1602 of 2026
                 ======================================================
                 Kamal Prasad Son of Late Harihar Prasad, Resident of Village- Balia Tola
                 Chain Bhagat, Post- Pokhara, P.S- Maharajganj, District- Siwan.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Collector, Siwan.
           2.    The Competent Authority cum District Land Acquisition Officer, Siwan.
           3.    The Union of India, through the Secretary, Ministry of Road Transport and
                 Highways, Government of India, New Delhi.
           4.    The National Highways Authority of India (NHAI), through its Project
                 Director, Ram Janki Road Scheme N.H.-227A, (Siwan to Masrakh).
           5.    The District Magistrate, Siwan.
           6.    That Competent Authority cum District Land Acquisition Officer, Siwan.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Rakesh Kumar Shrivastava, Advocate
                 For the Respondent/s   :        Mr.Gyan Prakash Oja, G.A. (07)
                 For NHAI               :        Mr. Mr. Sriram Krishna, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   02-02-2026                 Heard Mr. Rakesh Kumar Shrivastava, learned

                   counsel for the petitioner, Mr. Gyan Prakash Ojha, G.A.07 and

                   Mr. Sriram Krishna for the NHAI.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for issuance writ of mandamus or any

                                            other appropriate writ, order or direction

                                            commanding the respondents to disburse the

                                            compensation payable to the petitioner in

                                            respect of the acquired Saw Mill constructed
Patna High Court CWJC No.1602 of 2026(2) dt.02-02-2026
                                            2/3




                                  upon the a peace of land appertaining to

                                  khata no. 59, survey no. 738, Thana No. 110,

                                  Area     3      Katha,   Mauza-Sareya,     Anchal

                                  Goriyakothi, District – Siwan;

                                  (ii) for direct the respondents to pay

                                  statutory interest on the compensation

                                  amount for the period of delay;

                                  (iii) for pass a time-bound direction for

                                  payment of compensation, preferably within

                                  4 weeks;

                                  (d)     for      pending     disposal    of     the

                                  representation dated 13.10.2025 (Annexure-

                                  P/10), the petitioner prays for a direction

                                  upon the respondents to consider and release

                                  the compensation amount forthwith;

                                  (e) for grant any other relief(s) which this

                                  Hon'ble Court may deem fit and proper in

                                  the facts and circumstances of the case.

                       3.    Learned       State     counsel   submits     that   the

          petitioner/heirs would have very well agitated the matter before

          the respondent no.02, the Competent Authority cum District

          Land Acquisition Officer, Siwan for the redressal of the
         Patna High Court CWJC No.1602 of 2026(2) dt.02-02-2026
                                                     3/3




                   grievance.

                                4. Learned counsel for the petitioner/heirs submits

                   that steps shall be taken for filing appropriate petition with

                   supporting document to stake the claim.

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

                   allowing the petitioner/substituted heirs to move before the

                   concerned respondent no.02, Siwan in next four weeks who

                   shall be noticing/taking decision at an earliest.

                                6. It is expected that if the petitioner prefers petition

                   in next four weeks, the same shall be disposed of preferably in

                   six months.



                                                 (Rajiv Roy, J)
Ravi/-

U


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