Created by Fuzzy Cloud

Patna High Court

Shiv Bansh UpadhyayversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed as withdrawn.

Summary

Shiv Bansh Upadhyay filed a writ petition seeking a mandamus directing the State of Bihar and its officials to pay compensation for land acquired for the Jetan‑Chapra Nahar Channel, alleging short‑payment under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The petitioner claimed that only part of the compensation for two plots had been paid. During the pendency of the petition, the petitioner’s counsel informed the court that the full compensation had been received. Consequently, the petitioner sought to withdraw the petition. The court accepted the withdrawal and dismissed the writ petition as withdrawn.

Issues considered

  • Whether the respondents were liable to pay the balance of compensation for the land acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
  • Whether the petitioner could withdraw the writ petition after receiving the compensation.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • mandamus
  • withdrawal of petition
  • Right to Fair Compensation Act
  • writ petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.17909 of 2018
                 ======================================================
                 Shiv Bansh Upadhyay S/o Late Ram Ekbal Upadhyay Resident of Village -
                 Ward No. 9, Rani Talab, P.S. Rani Talab, District - Patna.

                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The State Of Bihar through the Chief Secretary, Government of Bihar, Patna
           2.    The Principal Secretary, Water Resources Department, Government of Bihar,
                 Patna.
           3.    The Director, Land Acquisition and Rehabilitation, Water Resources
                 Department, Government of Bihar
           4.    The District Collector, Patna.
           5.    The Special Land Acquisition Officer, Anisabad, Patna.
           6.    The Chief Engineer, Department of Irrigation Flood Control Division, Dehri.
           7.    The Chief Engineer, Flood Control, Patna.
           8.    The Executive Engineer, Sone Canal Division, Khagaul.
           9.    The Executive Engineer, Sone Flood Control Division, Khagaul.
           10. The Sub Divisional Officer, Sone Nahar Sub Division, Vikram.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Krishna Chandra, Advocate
                 For the State            :       Mr. Vikash Kumar, SC-11
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   07-01-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                  “(i) for issuance of an appropriate

                                        Writ/Writs, direction/directions in the nature of

                                        Mandamus for direction upon the Respondents

                                        to ensure payment of compensation in terms of

                                        the measurement done with respect to the
Patna High Court CWJC No.17909 of 2018(2) dt.07-01-2026
                                           2/3




                             acquisition being Jetan-Chapra Nahar Channel

                             as contained in Letter No.-81 dated 14.05.2018

                             whereby and whereunder against 21.854 decimal

                             of land acquired from Plot No.-1, Khata No.-

                             138,     Thana      No.-302,    Mauza-Rajipur,    the

                             payment of compensation to the extent of 13

                             decimal of land has only been made while with

                             regard to Plot No.-7, Khata No.-236, Thana No.-

                             302, Muaza-Rajipur, payment of compensation

                             to the extent of only 16 decimal of land has been

                             made as against 21.636 decimal of land and in

                             consequence thereof, be pleased to direct the

                             determination of compensation to be made in

                             terms of the provisions under Right to Fair

                             Compensation         and     Transparency   in   Land

                             Acquisition, Rehabilitation and Resettlement Act,

                             2013.

                                         (ii) for any other relief/reliefs which

                             the Hon'ble Court may grant in general interest

                             checking these kinds of harassment to the

                             petitioner by the Government Officials that may

                             be deemed appropriate and necessary in this
            Patna High Court CWJC No.17909 of 2018(2) dt.07-01-2026
                                                       3/3




                                         case for protecting the interest and rights of the

                                         petitioners by ensuring the benefits flowing from

                                         the Act.”

                                  3. It has been informed by Mr. Krishna Chandra,

                      learned counsel for the petitioner that during the pendency of

                      the writ petition, the compensation amount has been paid and as

                      such, he may be permitted to withdraw the petition.

                                  4. Accordingly, the writ petition is dismissed as

                      withdrawn.



                                                     (Rajiv Roy, J)
vinayak/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.