Patna High Court
Mira DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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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