Patna High Court
Parma MallahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that, as in Lal Bahadur Chaudhary v. State of Bihar, the lands were not lawfully acquired under the BIADA Act and the writ petitions seeking release and compensation are disposed, with the petitioners directed to approach the District Magistrate‑Cum‑Collector for resolution.
Summary
The petitioners, a group of landowners in Gopalganj district, filed multiple writ petitions challenging the transfer of their raiyati lands to the Bihar Industrial Area Development Authority (BIADA) on the ground that the lands were never lawfully acquired under Sections 4A and 9 of the BIADA Act, 1974 and that the transfer was effected by mere notification without notice or compliance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. They sought release of the lands, setting aside of consequential orders, restraint of eviction, and compensation if the State required the land. The Court, relying on the earlier decision in Lal Bahadur Chaudhary v. State of Bihar (CWJC No. 3347 of 2026), observed that the present petitions are fact‑wise similar and directed the petitioners to approach the District Magistrate‑Cum‑Collector for settlement, thereby disposing of all the writ petitions. No compensation was ordered by the Court; the matter was left to the administrative process. The order also noted that any development occurring in the interim would be subject to the final outcome of the petitions.
Issues considered
- The lands of the petitioners were lawfully acquired by the State under the BIADA Act, 1974.
- Whether the transfer of the petitioners' raiyati lands to BIADA by notification complied with the procedural requirements of the BIADA Act and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
- Whether the petitioners are entitled to compensation and relief against eviction.
Subjects
- land acquisition
- compensation
- BIADA
- industrial area
- writ petition
- Right to Fair Compensation Act
- illegal transfer
- notice requirement
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.578 of 2025
======================================================
Om Prakash Tiwari S/o Late Sheoji Tiwari, R/o Village-Badarjimi, P.S.-
Mirganj, District-Gopalganj, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary cum Commissioner
Department of Revenue and Land Reforms, Government of Bihar, Patna.
2. The Collector, Gopalganj.
3. The Additional Collector, Gopalganj.
4. The Secretary, Department of Industry, Govt. of Bihar, Patna.
5. The Managing Director, Bihar Industrial Area Development Authority
(BIADA), Bihar, Patna.
6. The Executive Director, Bihar Industrial Area Development Authority
(BIADA), Patna.
7. The Managing Director, Bihar State Sugar Mill Corporation, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 1853 of 2025
======================================================
Parma Mallah S/o Mahajan Mallah, R/o Village- Badarjimi, P.S- Mirganj,
District- Gopalganj, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary cum-Commissioner
Department of Revenue and Land Reforms, Government of Bihar, Patna.
2. The Collector, Gopalganj.
3. The Additional Collector, Gopalganj.
4. The Secretary, Department of Industry, Govt. of Bihar, Patna.
5. The Managing Director, Bihar Industrial Area Development Authority
(BIADA), Bihar, Patna.
6. The Executive Director, Bihar Industrial Area Development Authority
(BIADA), Patna.
7. The Managing Director, Bihar State Sugar Mill Corporation, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 1874 of 2025
======================================================
Shivbachan Bhagat S/o Shri Kishun Bhagat, Village- Kharpakwa, P.S.-
Mirganj, District- Gopalganj, BIhar.
Patna High Court CWJC No.578 of 2025(7) dt.30-03-2026
2/18
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary cum-Commissioner
Department of Revenue and Land Reforms, Government of Bihar, Patna.
2. The Collector, Gopalganj.
3. The Additional Collector, Gopalganj.
4. The Secretary, Department of Industry, Govt. of Bihar, Patna.
5. The Managing Director, Bihar Industrial Area Development Authority
(BIADA), Bihar, Patna.
6. The Executive Director, Bihar Industrial Area Development Authority
(BIADA), Patna.
7. The Managing Director, Bihar State Sugar Mill Corporation, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 10636 of 2025
======================================================
Sanjay Singh S/o Chandrama Singh Resident of Village- Kharpakwa, P.S.-
Mirganj, District- Gopalganj, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary- Cum- Commissioner,
Department of Revenue and Land Reforms, Government of Bihar, Patna.
2. The Collector, Gopalganj.
3. The Additional Collector, Gopalganj.
4. The Secretary, Department of Industry, Govt. of Bihar, Patna.
5. The Managing Director, Bihar Industrial Area Development Authority
(BIADA), Bihar, Patna.
6. The Executive Director, Bihar Industrial Area Development Authority
(BIADA), Patna.
7. The Managing Director, Bihar State Sugar Mill Corporation, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 2995 of 2026
======================================================
Saharan Mallah Son of Late Basman Sahani, Resident of Village- Badarjimi,
Police Station- Mirganj, District- Gopalganj (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary cum Commissioner,
Patna High Court CWJC No.578 of 2025(7) dt.30-03-2026
3/18
Department of Revenue and Land Reforms, Government of Bihar, Patna.
2. The Collector, Gopalganj.
3. The Additional Collector, Gopalganj.
4. The Secretary, Department of Industry, Government of Bihar, Patna.
5. The Managing Director, Bihar Industrial Area Development Authority
(BIADA), Bihar, Patna.
6. The Executive Director, Bihar Industrial Area Development Authority
(BIADA), Bihar, Patna.
7. The Managing Director, Bihar State Sugar Mill Corporation, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 3090 of 2026
======================================================
Naresh Sahani @ Naresh Mallah Son of Ganesh Sahani, resident of Village-
Badarjimi, Police Station- Mirganj, District-Gopalganj, (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary cum Commissioner,
Department of Revenue and Land Reforms, Government of Bihar, Patna.
2. The Collector, Gopalganj.
3. The Additional Collector, Gopalganj.
4. The Secretary, Department of Industry, Government of Bihar, Patna.
5. The Managing Director, Bihar Industrial Area Development Authority
(BIADA), Bihar, Patna.
6. The Executive Director, Bihar Industrial Area Development Authority
(BIADA), Patna.
7. The Managing Director, Bihar State Sugar Mill Corporation, Patna.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 578 of 2025)
For the Petitioner/s : Mr. Vishwajeet Kumar Mishra, Advocate
For the Respondent/s : Mr. Government Advocate (09)
: Mr. Lalit Kishore, Sr. Advocate
: Mr. Gyan Shankar, Advocate
: Mrs. Vagisha Pragya Vacaknavi, Advocate
(In Civil Writ Jurisdiction Case No. 1853 of 2025)
For the Petitioner/s : Mr. Vishwajeet Kumar Mishra, Advocate
For the Respondent/s : Mr. Government Pleader (24)
: Mr. Lalit Kishore, Sr. Advocate
: Mr. Gyan Shankar, Advocate
: Mr. Abu Nasar, Advocate
(In Civil Writ Jurisdiction Case No. 1874 of 2025)
For the Petitioner/s : Mr. Vishwajeet Kumar Mishra, Advocate
Patna High Court CWJC No.578 of 2025(7) dt.30-03-2026
4/18
For the Respondent/s : Mr. Standing Counsel (03)
: Mr. Lalit Kishore, Sr. Advocate
: Mr. Gyan Shankar, Advocate
: Mr. Abu Nasar, Advocate
(In Civil Writ Jurisdiction Case No. 10636 of 2025)
For the Petitioner/s : Mr. Aakash Choudhary, Advocate
For the Respondent/s : Mr. Government Advocate (05)
: Mr. Lalit Kishore, Sr. Advocate
: Mr. Gyan Shankar, Advocate
(In Civil Writ Jurisdiction Case No. 2995 of 2026)
For the Petitioner/s : Mr. Ajay Mishra, Advocate
For the Respondent/s : Mr. Standing Counsel (22)
: Mr. Lalit Kishore, Sr. Advocate
: Mr. Gyan Shankar, Advocate
: Mr. Ayush Kumar, Advocate
(In Civil Writ Jurisdiction Case No. 3090 of 2026)
For the Petitioner/s : Mr. Ajay Mishra, Advocate
For the Respondent/s : Mr. Standing Counsel (24)
: Mr. Lalit Kishore, Sr. Advocate
: Mr. Gyan Shankar, Advocate
: Mr. Mukesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
7 30-03-2026 Heard the parties.
2. The present petitions have been preferred for the
grant of following relief(s):
CWJC No. 578 of 2025
“(i) release of the lands of the
Petitioner from the Bihar Industrial Area
Development Authority (hereinafter referred to
in short as BIADA), as the lands in question
belonging to the petitioner were never acquired
by the State of Bihar/Concerned Respondents in
terms of Section 4A and 9 of the BIADA Act,
1974 and have illegally been transferred in
favour of the BIADA by a mere notification
Patna High Court CWJC No.578 of 2025(7) dt.30-03-2026
5/18
without giving proper notice (without details of
the controversy) to the petitioner and without
considering his contentions on the point of law
and facts and as also without following the
provisions of Right to Fair Compensation And
Transparency in Land Acquisition.
Rehabilitation, Resettlement Act 2013 and for
commanding the Respondents to pay the
compensation in accordance with the law, if
lands of the Petitioner is required by the State.
(ii) setting aside all the consequential
proceedings/order(s) to the extent to which it
declares the Petitioner's land in Khata No. 104-
Plot No.227 Khata No.105, Plot No.271, 283,
226 and in Khata No.106 -Plot No.274 to be
incorporated in the land of BIADA as industrial
area i.e.. land of S.K.G Distillery along with
105.29 acres of land without service of proper
notice.
(iii) holding and declaring that the
concerned respondents were not authorized
under any Act to transfer the raiyati lands of the
Patna High Court CWJC No.578 of 2025(7) dt.30-03-2026
6/18
present petitioner in favour of the BIADA,
especially without initiating any proceedings for
transfer in favour of BIADA.
(iv) restraining the respondent
authorities from evicting the petitioner from his
raiyati lands in question, as the petitioner has
been in complete possession of the same, but the
concerned Respondents are making physical
changes to the property by carrying out
construction work over the said property.
(v) granting any other relief/reliefs for
which the petitioner may be found entitled in the
facts and circumstances of the case.”
CWJC No. 1853 of 2025
“(i) release of the lands of the
Petitioner from the Bihar Industrial Area
Development Authority (hereinafter referred to
in short as BIADA), as the lands in question
belonging to the petitioner were never acquired
by the State of Bihar/Concerned Respondents in
terms of Section 4A and 9 of the BIADA Act,
1974 and have illegally been transferred in
Patna High Court CWJC No.578 of 2025(7) dt.30-03-2026
7/18
favour of the BIADA by a mere notification
without giving proper notice (without details of
the controversy) to the petitioner and without
considering his contentions on the point of law
and facts and as also without following the
provisions of Right to Fair Compensation And
Transparency in Land Acquisition,
Rehabilitation, Resettlement Act 2013 and for
commanding the Respondents to pay the
compensation in accordance with the law, if
lands of the Petitioner is required by the State.
(ii) setting aside all the consequential
proceedings/order(s) to the extent to which it
declares the Petitioner's land in Anchal-Hathua,
Muaja-Badarjimi, Khata-188, Khesra-344,
Jamabani No.-121, Area-19 decimals, Tauji-
3296 AND Khata No.191, Khesra No.346,
Jamabandi No.123, Area-40 Decimals Tauji-
3296 to be incorporated in the land of BIADA as
industrial area i.e., land of S.K.G Distillery
along with 105.29 acres of land without service
of proper notice.
Patna High Court CWJC No.578 of 2025(7) dt.30-03-2026
8/18
(iii) holding and declaring that the
concerned respondents were not authorized
under any Act to transfer the raiyati lands of the
present petitioner in favour of the BIADA,
especially without initiating any proceedings for
transfer in favour of BIADA.
(iv) restraining the respondent
authorities from evicting the petitioner from his
raiyati lands in question, as the petitioner has
been in complete possession of the same, but the
concerned Respondents are making physical
changes to the property by carrying out
construction work over the said property.
(v) granting any other relief/reliefs for
which the petitioner may be found entitled in the
facts and circumstances of the case.”
CWJC No. 1874 of 2025
“(i) release of the lands of the
Petitioner from the Bihar Industrial Area
Development Authority (hereinafter referred to
in short as BIADA), as the lands in question
belonging to the petitioner were never acquired
Patna High Court CWJC No.578 of 2025(7) dt.30-03-2026
9/18
by the State of Bihar/Concerned Respondents in
terms of Section 4A and 9 of the BIADA Act,
1974 and have illegally been transferred in
favour of the BIADA by a mere notification
without giving proper notice (without details of
the controversy) to the petitioner and without
considering his contentions on the point of law
and facts and as also without initiating any
Jamabandi Cancellation Proceedings and also
without following the provisions of Right to Fair
Compensation And Transparency in Land
Acquisition, Rehabilitation, Resettlement Act
2013 and for commanding the Respondents to
pay the compensation in accordance with the
law, if lands of the Petitioner is required by the
State.
(ii) setting aside all the consequential
proceedings/order(s) to the extent to which it
declares the Petitioner's land in Anchal-Hathua,
Muaja-Badarjimi, Khata-119, Khesra-253, 287,
288, 290, 293, 294, 336, 337 and 361, Tauji-
3296, Thana No.1060 to be incorporated in the
Patna High Court CWJC No.578 of 2025(7) dt.30-03-2026
10/18
land of BIADA as industrial area i.e., land of
S.K.G Distillery along with 105.29 acres of land
without service of proper notice.
(iii) holding and declaring that the
concerned respondents were not authorized
under any Act to transfer the raiyati lands of the
present petitioner in favour of the BIADA,
especially without initiating any proceedings for
transfer in favour of BIADA.
(iv) restraining the respondent
authorities from evicting the petitioner from his
raiyati lands in question, as the petitioner has
been in complete possession of the same, but the
concerned Respondents are making physical
changes to the property by carrying out
construction work over the said property.
(v) granting any other relief/reliefs for
which the petitioner may be found entitled in the
facts and circumstances of the case.”
CWJC No. 10636 of 2025
“(i) release of the lands of the
Petitioner from the Bihar Industrial Area
Patna High Court CWJC No.578 of 2025(7) dt.30-03-2026
11/18
Development Authority (hereinafter referred to
in short as BIADA), as the lands in question
belonging to the petitioner were never acquired
by the State of Bihar/Concerned Respondents in
terms of Section 4A and 9 of the BIADA Act,
1974 and have illegally been transferred in
favour of the BIADA by a mere notification
without giving proper notice (without details of
the controversy) to the petitioner and without
considering his contentions on the point of law
and facts and as also without following the
provisions of Right to Fair Compensation And
Transparency in Land Acquisition,
Rehabilitation, Resettlement Act 2013 and for
commanding the Respondents to pay the
compensation in accordance with the law, if
lands of the Petitioner is required by the State.
(ii) setting aside all the consequential
proceedings/order(s) to the extent to which it
declares the Petitioner's land in Anchal-Hathua,
Muaja Badarjimi, Khata-181 and 176, Khesra-
342,343 and 357, Jamabandi No-64, Area-123
Patna High Court CWJC No.578 of 2025(7) dt.30-03-2026
12/18
decimals, Tauji-3296 to be incorporated in the
land of BIADA as industrial area i.e., land of
S.K.G Distillery along with 105.29 acres of land
without service of proper notice.
(iii) holding and declaring that the
concerned respondents were not authorized
under any Act to transfer the raiyati lands of the
present petitioner in favour of the BIADA,
especially without initiating any proceedings for
transfer in favour of BIADA.
(iv) restraining the respondent
authorities from evicting the petitioner from his
raiyati lands in question, as the petitioner has
been in complete possession of the same, but the
concerned Respondents are making physical
changes to the property by carrying out
construction work over the said property.
(v) granting any other relief/reliefs for
which the petitioner may be found entitled in the
facts and circumstances of the case.”
CWJC No. 2995 of 2026
“(i) release of the lands of the
Patna High Court CWJC No.578 of 2025(7) dt.30-03-2026
13/18
Petitioner from the Bihar Industrial Area
Development Authority (hereinafter referred to
in short as BIADA), as the lands in question
belonging to the petitioner were never acquired
by the State of Bihar/Concerned Respondents in
terms of Section 4A and 9 of the BIADA Act,
1974 and have illegally been transferred in
favour of the BIADA by a mere notification
without giving proper notice (without details of
the controversy) to the petitioner and without
considering his contentions on the point of law
and facts and as also without following the
provisions of Right to Fair Compensation And
Transparency in Land Acquisition,
Rehabilitation, Resettlement Act 2013 and for
commanding the Respondents to pay the
compensation in accordance with the law, if
lands of the Petitioner is required by the State.
(ii) setting consequential aside all the
proceedings/order(s) to the extent to which it
declares the petitioner's land in Anchal- Hathua,
Mauza-Badarjimi Khata No. 150, Khesra- 297
Patna High Court CWJC No.578 of 2025(7) dt.30-03-2026
14/18
Jamabandi no. 39 area- 27 decimals,
respectively to be incorporated in the land of
BIADA as Industrial Area i.e. land of S.K.G
Distillery along with 105.29 acres of land
without service of proper notice.
(iii) holding and declaring that the
concerned respondents were not authorized
under any Act to transfer the raiyati lands of the
present petitioner in favour of the BIADA,
especially without initiating any proceedings for
transfer in favour of BIADA.
(iv) restraining the respondent
authorities from evicting the petitioner from his
raiyati lands in question, as the petitioner has
been in complete possession of the same, but the
concerned Respondents are making physical
changes to the property by carrying out
construction work over the said property.
(v) granting any other relief/reliefs for
which the petitioner may be found entitled in the
facts and circumstances of the case.”
CWJC No. 3090 of 2026
Patna High Court CWJC No.578 of 2025(7) dt.30-03-2026
15/18
“(i) release of the lands of the
Petitioner from the Bihar Industrial Area
Development Authority (hereinafter referred to
in short as BIADA), as the lands in question
belonging to the petitioner were never acquired
by the State of Bihar/Concerned Respondents in
terms of Section 4A and 9 of the BIADA Act,
1974 and have illegally been transferred in
favour of the BIADA by a mere notification
without giving proper notice (without details of
the controversy) to the petitioner and without
considering his contentions on the point of law
and facts and as also without following the
provisions of Right to Fair Compensation And
Transparency in Land Acquisition,
Rehabilitation, Resettlement Act 2013 and for
commanding the Respondents to pay the
compensation in accordance with the law, if
lands of the Petitioner is required by the State.
(ii) setting the consequential aside all
proceedings/order(s) to the extent to which it
declares the petitioner's land in Anchal- Hathua,
Patna High Court CWJC No.578 of 2025(7) dt.30-03-2026
16/18
Mauza-Badarjimi Khata No. 112, Khesra- 230,
303, 312, 315, be Jamabandi no. 7 area- 26
decimals, 47 Decimals, 29 Decimals, 30
Decimals respectively to incorporated in the
land of BIADA as Industrial Area i.e. land of
S.K.G Distillery along with 105.29 acres of land
without service of proper notice.
(iii) holding and declaring that the
concerned respondents were not authorized
under any Act to transfer the raiyati lands of the
present petitioner in favour of the BIADA,
especially without initiating any proceedings for
transfer in favour of BIADA.
(iv) restraining the respondent
authorities from evicting the petitioner from his
raiyati lands in question, as the petitioner has
been in complete possession of the same, but the
concerned Respondents are making physical
changes to the property by carrying out
construction work over the said property.
(v) granting any other relief/reliefs for
which the petitioner may be found entitled in the
Patna High Court CWJC No.578 of 2025(7) dt.30-03-2026
17/18
facts and circumstances of the case.”
3. Mr. Vishwajeet Kumar Mishra, learned counsel for
the petitioner submits that in the case of Lal Bahadur Chaudhary
and Ors. vs. The State of Bihar and Ors. [(disposed of on
16.03.2026) (CWJC No. 3347 of 2026)], the Court made
following observation:
“4. This Court has gone through the
prayer of the Basdeo Chaudhary (supra) and is
of the opinion that the submission put forward by
the learned counsel for ‘the BIADA’ is correct.
In that background, following the order passed
in the aforesaid case, the same order is being
passed in the present case.
5. Let the petitioner appear before the
District Magistrate-Cum-Collector, Gopalganj in
next eight weeks and if he prefers petition, the
same shall be taken up/ relevant parties be
noticed and the matter has to be taken to its
logical conclusion at an earliest.
6. Needless to add, if the petitioner is
entitled to the compensation, the process has to
be taken in accordance with law for payment.
Patna High Court CWJC No.578 of 2025(7) dt.30-03-2026
18/18
7. Any development that takes place in
between shall be subject to the final outcome of
the present writ petition.”
4. The submission is that they may also be permitted
to approach the District Magistrate-cum-Collector, Gopalganj so
that the matter to taken to its logical conclusion and if they are
entitled to the compensation to act further.
5. Learned State counsel accepts that the present
matter is similar to Lal Bahadur Chaudhary (supra).
6. In that background, all the writ petitions are
disposed of in the same terms and conditions are recorded in
paragraphs no. 4 to 7 of the aforesaid order in the case of Lal
Bahadur Chaudhary (supra).
7. The writ petitions stand disposed of with the
aforesaid observation.
(Rajiv Roy, J)
vinayak/-
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