Patna High Court
Shaligram SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the petitioner must approach the competent civil court for relief, and therefore the writ petition stands disposed.
Summary
The petitioner, Shaligram Singh, filed a writ petition challenging an order dated 04.04.22 issued by the District Land Acquisition Officer, Saharsa, alleging that the officer wrongly decided title and compensation matters concerning land under the National Highways Act instead of referring the dispute to a competent civil court as mandated by Section 3-(H)4 of the Act. The petitioner sought certiorari, a declaration that the officer lacks jurisdiction to decide title, and a mandamus directing payment of full compensation. The respondents, including the State of Bihar and various officials, filed a counter‑affidavit. The court held that the petitioner is free to approach the appropriate civil court for redress and that the writ petition does not merit further relief. Consequently, the writ petition was disposed of without granting any of the reliefs sought.
Issues considered
- Whether the District Land Acquisition Officer has jurisdiction to decide title and apportionment of compensation under the National Highways Act.
- Whether the officer should have referred the dispute to a competent civil court as per Section 3-(H)4 of the National Highways Act.
Legislation cited
- National Highways Act — s. 3-(H)4
Subjects
- writ jurisdiction
- certiorari
- mandamus
- land acquisition
- title dispute
- compensation
- National Highways Act
- jurisdiction
- civil court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16883 of 2023
======================================================
Shaligram Singh Son of Late Shiv Prasad Singh Resident of Village and PO
Murlibasantpur PS and District Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, Land Revenue, Bihar.
2. The District Magistrate, Sahrasa.
3. The District Land Acquisition Officer, Sahrasa.
4. The Circle Officer, Kahra District Sahrasa.
5. Smt. Mombatti Devi wife of Parmanand Mehta, resident of Village and PO
Murlibasantpur PS and District Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate
For the Respondent/s : Mr. Raj Kishore Roy, GP-18
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 15-04-2026 Heard Mr. Diwakar Prasad Singh, learned counsel for
the petitioner and Mr. Vivekanand Singh, learned AC to GP-18.
2. The present petition has been preferred for the
following relief(s):
“(i) That for, issuance of appropriate
writ, order or direction or for issuance of writ in
the nature of certiorari quashing the order dated
04.04.22 passed by District Land Acquisition,
officer Saharsa who acted contrary to National
Highways Act & himself decided Title between the
parties instead referring the Disputes before the
Competent Civil Court as provided under Section
3- (H) 4 of the National Highways Act.
(ii) That a declaration be issued
Patna High Court CWJC No.16883 of 2023(2) dt.15-04-2026
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commanding the respondents that the District Land
Acquisition, officer is not entitled to decide
disputes regarding the apportionment of any
amount or any part thereof, or any person to whom
or any part is Payable then only course available
to the respondent was to refer the Disputes before
the Competent Civil Court under Section 3- (H) 4
of the National Highways Act instead deciding the
Title be receiving illegal gratification.
(iii) That for issuance of appropriate
writ, order or direction or for issuance of writ in
the nature of Mandamus commanding the
respondents to pay the entire Compensation to the
petitioner since the Lands bearing Plot No.2213,
under Khata No.125 area 0.081001 Decimal
belongs to the petitioner, & the Jamabandi to the
same is running in the joint name of the father of
the petitioner namely Shiv Prasad Singh & uncle
namely Mahadev Singh son of Late Ramkishun
Singh, since they purchased the same land on
02.06.47 by way of registered sale deed.
(iv) That a declaration be issued
commanding the respondents that the Land
Acquisition, officer, is not competent to decide Title
of the Land as aforesaid bearing Plot No.2213,
under Khata No.125 area 0.081001 Decimal &
decision on Title could be decided by the
Competent Civil Court of Competent Jurisdiction
by evaluating the evidence in possession of the
parties.
Patna High Court CWJC No.16883 of 2023(2) dt.15-04-2026
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(v) That for grant of any other relief or
relief's to which the petitioner be found entitled in
law be granted to them.”
3. A counter-affidavit has come on behalf of the
respondent nos. 2 to 4 and Mr. Singh, learned counsel for the
petitioner submits that it will suffice if he is allowed to approach
the competent Civil Court for the redressal of the grievance.
4. The petitioner is free to approach the concerned
Court alongwith main petition as also petition for granting
interim relief, if any.
5. Granting said liberty, the writ petition stands
disposed of.
(Rajiv Roy, J)
Adnan/-
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