Patna High Court
Kamal PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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