Patna High Court
Dr. Rabindra Nath SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
- Land Acquisition Act, 1894 — s. 48
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
Patna High Court CWJC No.1856 of 2026(3) dt.10-03-2026
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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,
Patna High Court CWJC No.1856 of 2026(3) dt.10-03-2026
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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
Patna High Court CWJC No.1856 of 2026(3) dt.10-03-2026
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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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