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Patna High Court

Om Prakash @ Om Prakash YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed and the matter is referred to the Collector, Patna, for determination of the actual land acquired, the award, and any excess compensation.

Summary

The petitioner, Om Prakash Yadav, filed a writ petition seeking a revised award and return of excess compensation for land acquired for the Patna‑Gaya four‑lane project, alleging that only 3 Katha 7 Dhur was actually taken while he had been paid for 5½ Katha. Conflicting reports were presented: an Amin’s report dated 15‑08‑2024 showing partial acquisition and a joint report of the Amin and NHAI indicating compensation for 0.1768 acres. The petitioner requested the court to command the respondents to act on the earlier order, maintain status‑quo on the unacquired portion, and grant any other relief. The court held that the dispute should be resolved by the Collector, Patna, who is empowered to examine the reports, determine the actual land acquired, the award, and any excess compensation, and to take action against any errant official. Accordingly, the court directed the petitioner to approach the Collector within eight weeks and dismissed the writ petition, leaving the matter to the administrative authority.

Issues considered

  • Whether the High Court can entertain the writ petition under Article 226 despite conflicting acquisition reports.
  • Whether the petitioner is entitled to a revised award and recovery of excess compensation for land allegedly over‑compensated.
  • Whether the court should direct the Collector to determine the actual extent of land acquired and the correctness of the award.
  • Whether a status‑quo order is appropriate on the unacquired portion of the land pending resolution.

Subjects

  • land acquisition
  • compensation
  • writ petition
  • Article 226
  • award revision
  • status quo
  • collector
  • NHAI

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1699 of 2025
                 ======================================================
                 Om Prakash @ Om Prakash Yadav son of Bhagwan Prasad @ Bhagwan
                 Yadav resident of Pakri, Punpun, P.S. Punpun, District- Patna.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of Revenue
                 and Land Reforms, Govt. of Bihar, Patna
           2.    The Collector, Patna
           3.    The District land Acquisition Officer, Patna
           4.    The Deputy Collector Land Reforms, Patna Sadar, Patna.
           5.    The Circle Officer, Phulwari Sharif, District Patna.
           6.    The National Highway Authority of India, through its project Director, Bihar
                 Region, Patna.
           7.    Dharmendra Kumar Singh S/O- Jagat Singh Resident of Village -Chihut old
                 PS- Phulwari, New PS- Parsa Bazar, District -Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. J. S. Arora, Sr. Advocate
                                                Mr. Manoj Kumar
                 For the Respondent/s     :     Mr. Addl. Advocate General (12)
                 For the NHAI             :     Mrs. Ankita, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   23-03-2026                   Heard Mr. J. S. Arora, learned Senior counsel for the

                   petitioner, Mrs. Ankita, learned counsel for the NHAI and

                   learned counsel for the State.

                                 2. The present writ petition has been preferred for

                   grant of following reliefs:-

                                                 “ I. For commanding the respondent
                                        to act in terms of the order issued by letter
                                        dated 07.10.2024, as contained in Annexure-
                                        P/12 and to get the land acquired out of the
                                        petitioner’s land, measured and demarcated at
Patna High Court CWJC No.1699 of 2025(3) dt.23-03-2026
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                             site as per their order dated 07.10.2024 passed
                             in measurement record no. 277/2024-25 and
                             thereby revise/correct the award prepared in
                             the name of the petitioner and accordingly to
                             prepare a fresh revised award regarding the
                             acquired land of the petitioner as detailed in
                             Para 5 of the writ application and to receive
                             back excess money paid to the petitioner.
                                          II. During the pendency of the writ
                             application with regard to the unacquired land
                             out of 5.5 Kathas of Plot No. 359 in question,
                             the Respondents be directed to maintain Status
                             quo till the direction is made in between the
                             said unacquired land, and the acquired land is
                             made by the Respondent authorities.
                                          III. Also for any other relief to which
                             the petitioner so found entitled in the eye of law
                             or in the facts and circumstances of the case.”
                      3. The petitioner claims to be land owner having

          following details, Mauza- 78, Thana No. 14, Khata No. 26,

          Khesra- 359, Area-21.875 under Phulwarisharif circle in the

          district of Patna.

                      4. The land was taken/acquired for Patna- Gaya four

          lane, award prepared and payments made. There is no dispute

          on the facts that the petitioner received payment for 5 ½ plot by

          the total area of the land which is/are 7 Kathas.

                      5. The dispute arose when an Amin, Amrendra Kumar
Patna High Court CWJC No.1699 of 2025(3) dt.23-03-2026
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          Pandey, on 15.08.2024 gave a report that while 3 Kathas 7 dhur

          of the land has been taken over for the construction of four lane,

          the rest 3 Katha 13 dhur remains. This followed the petitioner

          invoking the writ jurisdiction claiming that since the acquisition

          is only 3 Kathas 7 dhur, though he has received payment of 5 ½

          Kathas., minus 3 Kathas 7 dhurs, the rest of amount be taken

          back by the respondents and he be given possession of 3 Kathas

          13 dhur.

                      6. A counter affidavit has come on behalf of

          respondent nos. 2 to 5 duly signed by the Circle Officer,

          Phulwarisharf, Patna and learned State counsel has straightway

          taken this Court to another report dated 04.04.2025 jointly

          submitted by the Amin of the Phulwarisharif Circle Office and

          also the Amin of NHAI, Patna. According to said joint report,

          the petitioner, Om Prakash @ Om Prakash Yadav has received

          compensation amount for 0.17168 acres of land and/or 4.6470

          decimal of land is in his possession.

                      7. Mrs. Ankita, learned counsel representing ‘the

          NHAI’, submits that the dispute has arisen due to two different

          reports, it cannot be adjudicated under Article 226 of

          Constitution of India.

                      8. Having heard the parties this Court is inline with
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          the submissions put forth by the learned counsel for ‘the NHAI’.

          The accepted fact is that acquisition took place in the year 2020

          for Patna- Gaya four lane in which the aforesaid land of the

          petitioner was also included.

                      9. An award was prepared (copies not available in the

          writ petition), the petitioner received compensation to the tune

          of 5 ½ Kathas.

                      10. In that background, how and under what

          circumstance, the Amin, namely, Amrendra Kumar Pandey gave

          a report on 15.08.2024 (Independence Day) (Annexure- P/14 to

          the writ petition) recording that only 3 Kathas 7 dhur has been

          acquired while 3 Kathas 13 dhur belongs to the petitioner.

                      11. Subsequent joint report of the Amin and ‘the

          NHAI’ shows that compensation of 0.1768 acres of land has

          been made. In that background, the matter has to be adjudicated

          at the end of the respondent no. 2, the Collector, Patna.

                      12. The petitioner is well advised to approach the said

          respondent, Collector, Patna in next eight weeks who shall be

          issuing notice to all the concerned parties including the

          respondent no. 3, the District Land Acquisition Officer, Patna

          and the Circle Officer, Phulwarisharif, Patna, beside the officials

          of ‘the NHAI’ and after hearing the parties, shall finally decide:-
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                                                  (i) the actual land of the petitioner;
                                                  (ii) the award that has been prepared
                                     with respect to the said land;
                                                  (iii) the compensation amount that the
                                     petitioner has been paid/received;
                                                  (iv) whether any land of the petitioner is
                                     still left over which has to be handed over to him or
                                     not?
                                                  (v) any other point which the learned
                                     Collector, Patna may deem fit and proper;
                                  13. Needless to add if the Collector, Patna comes to a

                      conclusion that the Amin, namely, Amrendra Kumar Pandey

                      provided a wrong report dated 15.08.2024 and actually played

                      mischief, necessary action be taken against him.

                                  14. Expecting the Collector, Patna to take the matter

                      to its logical conclusion at an earliest preferably within a period

                      of six months, the writ petition stands disposed of.


                                                    (Rajiv Roy, J)

Ranjeet/-

U


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