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Patna High Court

Baidhnath PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the land has not been acquired and therefore dismissed the writ petition, allowing the petitioner to file a fresh petition if necessary.

Summary

Baidhnath Prasad filed a writ petition alleging that his land in Sheohar district had been acquired for State Highway 54 without any notice, proceeding or compensation, purportedly under the Land Acquisition Act. The respondents, including the State of Bihar and various officials, submitted a counter‑affidavit stating that the highway project is 75% complete and that the land in question has not yet been acquired. The court examined the affidavits and found the petitioner’s apprehension unfounded, noting the categorical declaration by the authorities that acquisition had not occurred. Consequently, the court held that no illegal acquisition had taken place and that any future acquisition must comply with statutory requirements. The petition was disposed of, with the court directing the petitioner to file a fresh petition within eight weeks, after which the Collector will hear the matter and pass a reasoned order. The State counsel raised no objection to this direction.

Issues considered

  • Whether the petitioner’s land has been lawfully acquired for the State Highway 54 project without notice, proceeding, or compensation.
  • Whether the writ petition seeking restraint of the alleged acquisition can be entertained.

Legislation cited

Subjects

  • land acquisition
  • writ petition
  • compensation
  • notice
  • public works
  • procedural fairness

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.17492 of 2023
                 ======================================================
                 Baidhnath Prasad Son of Late Ramchandra Sah, Resident of Village-
                 Singhani, Ward No.11, Sangani Indarwa, District- Sheohar, Bihar.

                                                                                  ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Collector, District- Sheohar.
           2.    The Commissioner, Tirhut Division, Muzaffarpur.
           3.    The Land Reforms Deputy Collector, District- Sheohar.
           4.    The Circle Officer, Circle Office, Piprahi, District- Sheohar.
           5.    The Land Acquisition Officer, Land Acquisition Office, District- Sheohar.
           6.    The Executive Engineer, Water Resources Department, Bagmati Division,
                 Sheohar, District- Sheohar.
           7.    The Executive Engineer, Additional Road Division, Sheohar, District-
                 Sheohar.
           8.    The Assistant Engineer, Additional Road Division, Chakiya, District-
                 Motihari.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Madhusudan Kumar, Advocate
                 For the Respondent/s   :       Mr.Mujtabul Haque, G.P.- 12
                                                Mr. Manish Kumar, AC to GP-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   20-04-2026                 Heard Mr.Madhusudan Kumar, learned counsel for

                   the petitioner and the State.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) this writ petition is to restrain the

                                            authorities concerned the land of the

                                            petitioner has been acquired for State

                                            Highway 54 (P.W.D. Road) for joint of
Patna High Court CWJC No.17492 of 2023(3) dt.20-04-2026
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                                  District Sheohar and District- Motihari

                                  without any notice to the petitioner, without

                                  any proceeding or without any compensation

                                  and which section of land Acquisition Act.

                                  Suo-Motuly        as    desired   by   them   the

                                  authorities have acquired the land of the

                                  petitioner.

                       3. The counter affidavit/supplementary counter

          affidavit have come and the last affidavit of the respondent no.5

          duly signed by the D.C.L.R., Sheohar, in paragraph-16 has

          recorded as under:

                                         16. That in cost of repetition it is

                                         humbly submit that the project of State

                                         Highway 54 (P.W.D. Road) for joint of

                                         District- Sheohar and District- East

                                         Champaran (Motihari) which has been

                                         75% project has been completed upto

                                         small bridge as per 1" Survey Map by

                                         the authorities and not to divert 40

                                         meter back through Khesra No.835

                                         under Thana No.123 and proceed the

                                         project work towards small bridge for
Patna High Court CWJC No.17492 of 2023(3) dt.20-04-2026
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                                         which the work has been left out.

                         4. This statement of the respondents that the land

          acquisition is under process and the land of the petitioner has

          still not been acquired has no rebuttal despite the fact that copy

          was served upon the learned counsel for the petitioner on

          11.07.2024.

                         5. This Court is convinced that the apprehension of

          the petitioner is unfounded when a categorical statement has

          been made by the respondent authorities that his land has still

          not been acquired.

                         6. If the situation so warrant and the respondents

          change track and decided to go for the acquisition, it has to be

          done only in accordance with law and not otherwise.

                         7. Again, the liberty shall be with the petitioner to

          agitate the matter afresh if he thinks that the respondents are

          acting in a irrational manner and not in accordance with law.

                         8. At this stage, learned counsel for the petitioner

          submits that           he may be allowed to file a fresh

          petition/representation alongwith copy of this order so that the

          Collector, Sheohar could decide the matter in accordance with

          the law.
         Patna High Court CWJC No.17492 of 2023(3) dt.20-04-2026
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                                  9. Learned State counsel has no objection.

                                  10. The writ petition is disposed of with the

                   observation if the petitioner files a fresh petition alongwith all

                   the supporting documents in eight weeks, the Collector, Sheohar

                   shall be taking up the matter and after hearing the parties will

                   pass a reasoned order.



                                                 (Rajiv Roy, J)
Ravi/-

U


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