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Patna High Court

Mira DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed as the matter is already before the appropriate LARRA authority, which is directed to decide the compensation award promptly.

Summary

Mira Devi filed a writ petition seeking an order directing the State to prepare a compensation award for her 0.0465‑acre land acquired for the Garkha By‑Pass Road under Section 26 of the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. She contended that the land should be treated as commercial and that adjoining raiyats had already received compensation, supported by sale deeds. The State respondents submitted that the matter is already before the Land Acquisition, Rehabilitation and Resettlement Authority (LARRA) as per a memo dated 10‑12‑2025. The High Court observed that the issue is pending before the appropriate authority and therefore dismissed the writ petition, directing the LARRA to decide the matter at the earliest, preferably by 31‑12‑2026.

Issues considered

  • Whether the High Court can entertain a writ petition directing the preparation of a compensation award when the matter is pending before the LARRA Court.
  • Whether the acquired land should be classified as commercial for the purpose of compensation.

Legislation cited

  • Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — s. 26

Subjects

  • land acquisition
  • compensation
  • writ petition
  • LARRA
  • Section 26
  • Right to Fair Compensation Act
  • commercial land category
  • by‑pass road

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.17036 of 2025
                 ======================================================
                 Mira Devi wife of Nagendra Prasad Yadav, resident of Mahmadpur Tole
                 Khaki Baba, P.O.- Mahmadpur. P.S.- Garkha, District- Saran, Bihar.


                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through its Chief Secretary, Government of Bihar. Patna.
           2.    The Principal Secretary Road Construction Department, Government of
                 Bihar, Patna.
           3.    The Commissioner, Saran Division Chapra, Saran.
           4.    The District Magistrate, Saran at Chapra.
           5.    The District Land Acquisition Officer, Saran at Chapra.


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Anand Kumar Ojha, Sr. Advocate
                 For the Respondent/s   :         Mr.Sanjay Kumar, AC to SC-15
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   07-04-2026                    Heard       Mr. Anand Kumar Ojha, learned Senior

                   Counsel for the petitioner and the State.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i)   for   issuance      of   an    appropriate

                                            writ/order/direction upon the respondents to

                                            prepare     award      after   quantifying     the

                                            compensation amount against acquisition of

                                            Petitioner's land appertaining to Mauza-

                                            Maamadpur. Thana No. 444. Khata No. 901.
Patna High Court CWJC No.17036 of 2025(3) dt.07-04-2026
                                           2/3




                                  Survey No. 1110, Area-0.0465 Acres for

                                  construction of Garkha By-Pass Road

                                  strictly in accordance with Section 26 of the

                                  Right to Fair Compensation & Transparency

                                  in Land Acquisition, Rehabilitation and

                                  Resettlement Act, 2013 [Hereinafter referred

                                  as the ACT].

                       3. With the help of the paragraphs-10 to 15 of the

          petition, learned Senior Counsel for the petitioner submits that

          not only it should have been put under the commercial category,

          some of the adjoining raiyats have been extended some

          compensation also and the sale-deeds are there.

                       4. A counter affidavit has come on behalf of the State

          respondent nos. 4 and 5 which shows that the matter is already

          pending before the LARRA Court as the District and Land

          Acquisition Officer, Saran at Chapra has sent the matter to the

          said authority vide memo no. 64 dated 10.12.2025.

                       5. In view of the fact that the matter has already

          travelled to the concerned authority, as recorded above, all those

          points which have been incorporated in the writ petition and as

          submitted by Mr. Anand Kumar Ojha, learned Senior Counsel

          for the petitioner, the writ petition is disposed with a direction
         Patna High Court CWJC No.17036 of 2025(3) dt.07-04-2026
                                                    3/3




                   to the concerned Court to decide the matter at an earliest and if

                   possible by 31.12.2026.



                                                 (Rajiv Roy, J)
Ravi/-
U


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