Patna High Court
Upendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court disposed of the writ petition, directing the petitioner to approach the Arbitrator‑cum‑Divisional Commissioner within four weeks and noting the pendency of the petition for over two and a half years.
Summary
The petitioner, Upendra Kumar, filed a writ petition seeking (i) reclassification of his land from agricultural to commercial, (ii) proper calculation of compensation for land acquisition of Survey Plot No. 792 (1.056 ha) in Mirpur Bhual, (iii) quashing of a notice issued under Section 3G of the National Highway Authority of India (NHAI) Act, 1956 for a ring‑road project, and (iv) any other relief. He argued that he would approach the Arbitrator‑cum‑Divisional Commissioner for redress but delayed doing so because of the writ petition. The State counsel contended that the petition, if filed, would be pursued to its logical conclusion. The Court held that the petitioner may approach the concerned arbitrator/Divisional Commissioner within four weeks and, if a limitation petition is filed, the respondents should note that the writ had been pending for over two and a half years. Accordingly, the writ petition was disposed with this observation.
Issues considered
- What relief, if any, is available to the petitioner regarding re‑classification of his land and calculation of compensation?
- Whether the notice issued under Section 3G of the NHAI Act, 1956 can be quashed?
- Whether the petitioner should first approach the Arbitrator‑cum‑Divisional Commissioner before seeking writ relief?
Subjects
- land acquisition
- land classification
- compensation
- NHAI Act
- Section 3G
- writ jurisdiction
- arbitration
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18429 of 2023
======================================================
Upendra Kumar son of Shri Ashok Rai, resident of Village- Mirpur Bhual,
Police Station Dighwara, District- Saran
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Special Secretary, Road Construction Department, Bihar, Patna.
3. The Project Director, National Highway Authority of India, Patna.
4. The District Magistrate, Saran at Chhapra.
5. The Deputy Collector Land Reforms, Sonpur, District- Saran.
6. The District Land Acquisition Officer, Saran at Chhapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Adv.
For the Respondent/s : Mr. Dhurjati Kr. Prasad (Gp14)
For the NHAI : Mr. Saket Tiwary, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 05-05-2026 Heard Mr. Sameer, learned counsel for the petitioner
and Mr. Saket Tiwary duly assisted by Mr. Animesh Kumar for the
NHAI and Mr. Dhurjati Kr. Prasad for the State.
2. The present application has been preferred for the
following relief(s):
(i) For issuance of an appropriate
writ directing and commanding the
respondent authorities to change nature of
land of petitioner as commercial land in
place agricultural land.
(ii) For issuance of an
appropriate writ directing and commanding
the respondent authorities to make proper
Patna High Court CWJC No.18429 of 2023(2) dt.05-05-2026
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calculation of the acquire land of petitioner
bearing Survey Plot No. 792, area- 1.056
hectare in Mirpur Bhual Mauza of District
Saran whereby the land of petitioner was
commercial whereas the respondent
authorities have treated it agricultural land.
(iii) For issuance of an
appropriate writ directing and commanding
the respondent authorities to quash the
notice under section 3 G of NHAI Act, 1956
for land acquisition of construction ring road
Sherpur-Dighwara whereby respondent
authorities have not properly calculated
compensation amount of petitioner vide
Award No. 115 in Mauza- Mirpur Bhual
under District- Saran (Annexure-P5).
(iv) For any other relief(s) for
which the Petitioner is found entitled in the
eye of law.
3. After some argument, learned counsel for the
petitioner submits that he shall be approaching the Arbitrator-
cum-Divisional Commissioner, Saran Division, Chapra for the
redressal of the grievance but there has been delay in filing the
same as he was pursuing writ petition.
4. Learned State Counsel submits that if such petition
is filed, it will be taken to its logical conclusion.
5. In that background, the writ petition is disposed of
Patna High Court CWJC No.18429 of 2023(2) dt.05-05-2026
3/3
allowing the petitioner to approach the concerned
respondent/Arbitrator-cum-Divisional Commissioner, Saran at
Chapra in next four weeks and if such petition is preferred along
with limitation petition, the concerned respondent shall see to it
that the writ petition was pending before this Court for last two
and half years while dealing with the petition.
6. The writ petition is disposed of with aforesaid
observation.
(Rajiv Roy, J)
Vijay Singh/-
U
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