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Patna High Court

Dr. Rabindra Nath SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the Collector's order cannot be interfered with and the petitioner must seek redress from the departmental head, with the respondent authority bound to decide within six months.

Summary

The petitioner, Dr. Rabindra Nath Singh, filed a writ petition challenging a 12 December 2024 order of the Collector of Bhojpur that dismissed his representation regarding land acquired in 1977‑78 for flood‑relief rehabilitation. He sought setting aside the order, declaration that the acquisition had lapsed under Section 48 of the Land Acquisition Act, 1894, and restoration of the land, claiming he has remained in peaceful possession and has not received compensation. The State argued that the acquisition was decades old and the Collector's order should not be interfered with. The Court noted the limited submissions and, rather than entertain the substantive reliefs, directed the petitioner to approach the Additional Chief Secretary, Revenue and Land Reforms Department with a comprehensive petition within eight weeks. The respondent authority was ordered to pass an appropriate order within six months of such filing. The writ petition was therefore disposed without granting the substantive reliefs sought.

Issues considered

  • Whether the Collector's order rejecting the petitioner's representation without reasons can be set aside.
  • Whether the land acquisition of 1977‑78 has lapsed under Section 48 of the Land Acquisition Act, 1894.
  • Whether the petitioner is entitled to restoration of the acquired land and compensation.
  • Whether the High Court can intervene in the administrative process of land acquisition.

Legislation cited

Subjects

  • land acquisition
  • Section 48
  • compensation
  • possession
  • writ petition
  • administrative law
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1856 of 2026
                 ======================================================
                 Dr. Rabindra Nath Singh S/o Late Madhava Prasad Singh R/o- Village and
                 P.O. - Akhgaon, P.S.- Sardesh, District - Bhojpur (Presently residing at A- 87,
                 Near Manokamana Mandir, Anand Vihar Colony, P.S. Rupaspur, District -
                 Patna).

                                                                               ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Secretary Revenue and Land Reforms, Bihar,
                 Patna.
           2.    The Collector, Bhojpur at Ara.
           3.    The District Land Acquisition Officer, Ara at Bhojpur.
           4.    The Circle Officer, Sandesh, Ara at Bhojpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Awadhesh Kumar, Advocate
                 For the Respondent/s   :        Mr.Standing Counsel (4)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   10-03-2026                 Heard Mr. Awadhesh Kumar, learned counsel for the

                   petitioner and the State.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for setting aside the order dated

                                            12.12.2024 passed in Misc. Case no.

                                            04/2024 by the Collector, Bojpur at Ara,

                                            whereby the representation of the petitioner,

                                            dated 12.11.2024, has been disposed and has

                                            rejected the representation of the petitioner,

                                            without considering and deliberating the
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                                  issues which had been raised by the

                                  petitioner        to      be     decided       and   the

                                  representation of the petitioner has been

                                  decided by the Collector, Bhojpor at Ara on

                                  the basis of a non-reasoned and a non-

                                  speaking order;

                                  (ii) for directing the respondent authorities

                                  to address the issues raised by the petitioner,

                                  in the representation dated 12.11.2024,

                                  which had been preferred in consonance

                                  with the direction passed in CWJC no.

                                  18228      of     2021         and   dispose    of   the

                                  representation accordingly, since the order

                                  dated 12.12.2024 passed by the Collector,

                                  Bhojpur at Ara has evaded to address the

                                  relevant        issues,    concerning      which     the

                                  Hon'ble High Court had directed to prefer

                                  the representation;

                                  (iii) for directing the respondent authorities

                                  concerned, to dispose and pass appropriate

                                  orders, while considering the fact that the

                                  land of the petitioner bearing Khata No. 47,
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                                  Khesra No. 1439, Thane No. 212, Aron 50

                                  decimals, situated at Mauza Akhgaon, PS-

                                  Sandesh, District- Bhojpur was acquired in

                                  the Year 1977-78, by the Respondent State

                                  for rehabilitation of displaced flood affected

                                  persons of Village Saripur of Bhojpur

                                  district, but the same has neither been

                                  occupied by any such person nor has the

                                  same been put to use in any manner

                                  whatsoever, till date since its acquisition in

                                  the    year     1977-78   and   the   physical

                                  possession of the land is still with the

                                  petitioner, hence, the said acquisition having

                                  lost its relevance and the intent and purpose

                                  of the acquisition having become redundant,

                                  the land be returned back to the petitioner;

                                  (iv) for declaring the land acquisition

                                  process, initiated in the year 1977 with

                                  regard to the land appertaining to Khata No.

                                  473, Khesra No. 1439, Thana No. 212. Area

                                  So decimals, situated at Mauza Akhgaon,

                                  P.S.-Sandesh, District-Bhojpur, as deemed to
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                                  have lapsed, in view of the fact that the

                                  physical possession of the land has not been

                                  taken till date, while the petitioner or his

                                  ancestors        have       not     received      the

                                  compensation till date, in protest;

                                  (v) for directing the respondent authorities to

                                  return back the acquired land to the

                                  petitioner, after holding the proceeding to

                                  have lapsed in terms of the provision under

                                  Section 48 of the Land Acquisition Act,

                                  1894;

                                  (v) for passing appropriate orders and the

                                  records of the land acquisition being

                                  undertaken in the year 1977 78 and the

                                  present day status of such acquisition, be

                                  called for and upon verifying the same,

                                  appropriate       directions      be    passed    for

                                  returning back the lands to the petitioners, If

                                  found that the lands have neither been

                                  occupied               by         the          purcha

                                  holders/beneficiaries, nor the same have

                                  been put to any such use and remains
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                                  unutilized till date;

                                  (vi) for directing the Respondent authorities

                                  to not disturb/occupy, the peaceful and

                                  exclusive possession of the petitioner over

                                  the     acquired       land   in    the   facts   and

                                  circumstances of the case;

                                  (vii)   for     such    other      relief(s), writ(s),

                                  direction(s) to which the petitioners may be

                                  entitled to in the facts and circumstances of

                                  the present case.

                       3. The details of the land is already there in the prayer

          portion (1c) and as such no repetition required.

                       4. The stand of the petitioner is that neither the

          compensation was           offered/accepted nor the possession ever

          taken and they are in peaceful physical possession of the land in

          question since the year 1977-78 and in that background, it is

          high time that when the land has not been used, it be released to

          the petitioner.

                       5. Learned State counsel submits that it is decades

          old acquisition (1977-78) and in that background, it will not be

          proper to release the same in favour of the petitioner and the

          order dated 12.12.2024 passed by the Collector, Bhojpur needs
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                   no interference.

                                6. Learned counsel for the petitioner submits that it

                   will suffice if he is allowed to approach the departmental head,

                   the Additional Chief Secretary, Revenue and Land Reforms

                   Department, Bihar, Patna (respondent no.1).

                                7. Learned State counsel has no objection.

                                8. Considering the limited submission put forward by

                   the learned counsel for the petitioner and taking into account the

                   aforesaid prayer/submission put forward by Mr. Kumar, the writ

                   petition is disposed of allowing the petitioner to approach the

                   respondent no.1 with comprehensive petition in next eight

                   weeks who shall be duty bound to pass an appropriate order

                   within a period of six month from the date of filing of the

                   petition.



                                                 (Rajiv Roy, J)
Ravi/-

U


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