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Patna High Court

Ravi ShankarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is dismissed as infructuous.

Summary

Petitioner Ravi Shankar filed a writ petition seeking direction that the State of Bihar pay compensation for his land acquired for the Bihta‑Sarmera State Highway under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2018, together with interest. He also sought any other reliefs he might be entitled to. During the hearing, counsel for the petitioner submitted that, owing to the lapse of time, the petition had become infructuous and he wished to withdraw it. The Court examined the submission and found no merit in proceeding further. Consequently, the writ petition was disposed of as infructuous.

Issues considered

  • What is the appropriate remedy when a writ petition becomes infructuous due to the passage of time?

Subjects

  • land acquisition
  • compensation
  • writ petition
  • infructuous
  • Right to Fair Compensation Act
  • road construction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.16677 of 2019
                 ======================================================
                 Ravi Shankar S/o Kaushal Kishore Singh, Resident of Village-Gonawa,P.O.
                 Sadisopur, P.S. Naubatpur, District-Patna

                                                                        ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through Secretary, Land Reforms Department, Govt. of
                 Bihar,Patna
           2.    The Director, Land Acquisition and Land Reforms Department, Govt. of
                 Bihar,Patna
           3.    The District Magistrate, Patna
           4.    The Land Acquisition Officer, Patna
           5.    The Managing Director, Bihar State Road Construction Department, Govt.
                 of Bihar, Mechancial Work Shop Campus, Near Airport, Sheikhpura,Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rakesh Kumar Sharma, Advocate
                 For the State            :       Mr. Dhurjati Kumar Prasad, GP-14
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

6   09-02-2026                     Heard Mr. Rakesh Kumar Sharma, learned counsel

                   for the petitioner and and learned counsel representing the State.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                  “(i) for a direction to the respondent

                                        authorities to make payment of the compensation

                                        of the land of the petitioners under the new act

                                        which is Right to Fair Compensation and

                                        Transparency        in      Land        Acquisition,

                                        Rehabilitation and Resettlement Act, 2018 which

                                        come in force from 1st January 2014 with penal
            Patna High Court CWJC No.16677 of 2019(6) dt.09-02-2026
                                                       2/2




                                         interest. The land of the petitioners has been

                                         acquired by the respondent authorities for

                                         construction of Road “Bihta-Sarmera State

                                         Highway No. 78”.

                                                     (ii) for any other relief/reliefs if

                                         petitioner found entitle in the facts and

                                         circumstances of the present case.”


                                  3. Learned counsel for the petitioner submits that with

                      the passage of time, the writ petition is become infructuous and

                      as such, he may be permitted to withdraw the petition.

                                  4. Accordingly, the writ petition is disposed of as

                      become infructuous.



                                                    (Rajiv Roy, J)
vinayak/-

U


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