Patna High Court
Uday Kant JhaversusThe State of Bihar
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJIV ROY
Holding
The petition is dismissed for non‑prosecution, as the petitioner accepted the earlier compensation and failed to appear or contest the respondent’s affidavit.
Summary
Petitioner Uday Kant Jha filed a writ petition seeking a mandamus directing the State of Bihar and land acquisition authorities to pay a higher compensation of Rs.57,97,009 for his residential land acquired for NH‑91, alleging the land should be valued at residential rates under the 2013 amendment to the land acquisition law. The respondents filed a counter‑affidavit stating that a Six Men Committee had classified the land as agricultural, fixed compensation at Rs.8,50,000 per acre, and that the petitioner had accepted that amount without objection. No rebuttal or appearance was made by the petitioner. The Court noted the absence of any challenge to the counter‑affidavit and the petitioner’s failure to appear. Consequently, the Court dismissed the petition for non‑prosecution.
Issues considered
- What compensation rate is applicable to land acquired for a public project under the 2013 land acquisition amendment?
- Does the petitioner’s prior acceptance of the agricultural‑rate compensation bar the writ petition?
- Is a writ of mandamus maintainable when the petitioner fails to appear or rebut the respondent’s affidavit?
Legislation cited
Subjects
- land acquisition
- compensation
- writ petition
- mandamus
- non‑prosecution
- acceptance of compensation
- NH‑91
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18644 of 2019
======================================================
Uday Kant Jha S/o Let. Murlidhar Jha R/o Vill.- Bihaariganj, P.s.- Bihariganj,
Distt.- Madepura, Pin-852101
... ... Petitioner/s
Versus
1. The State of Bihar through the Addl. Secretary of Revenue and Land Reform
Department, Govt. of Bihar, Patna
2. The Director of Land Acquisition (Revenue and Land Reforms Deptt.),
Govt. of Bihar, Patna
3. The District Land Acquisition Officer Madhepura
4. The Collector Madhepura
5. The Sub Divisional Officer Bihariganj, Madhepura
6. The Circle Officer Bihariganj, Madhepura
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Md. Khurshid Alam (Aag12)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 07-01-2026 No one appears on behalf of the petitioner though
State is present.
2. The present application has been preferred for the
following relief(s):
(i) For issuance of an appropriate
writ, order/direction in the nature of
Mandamus the concerned directing and
commanding Respondents to make the
payment of difference of compensation
amount i.e. Rs.67,50,000 9,52,991=
Rs.57,97,009/- (Rs. Fifty-seven lakhs Ninety-
seven thousands nine) at the rate of
10,00000/- (Ten Lakhs) per Katha of the
Patna High Court CWJC No.18644 of 2019(3) dt.07-01-2026
2/3
market value, of acquisited Residential land
of the petitioner for purpose of N.H.-91.
(Birpur- Jadiya-Udakisunganj) vide
Adhisuchna Sankhya-9 dated 02.01.2013.
(II) For issuance of writ an
appropriate order/direction in the nature of
'mandamus' directing and commanding to
the concerned respondent authorities to
make the entire due compensation of the land
in question at the rate of Residential land in
response to the new amendment act 2013 of
land acquisition to the petitioner along-with
the appropriate interest.
(III) For issuance of an
appropriate writ order or direction in the
nature of 'mandamus' directing and
commanding the concern respondents to
make the payment of compensation of the
land in question to the petitioner in
accordance to the current provision and
rules.
(IV) For issuance of an
appropriate writ order/direction in the nature
of 'mandamus' directing and commanding to
the concerned respondent authorities to
modified the compensation of land in
question of petitioner, and for consideration
the nature of the land is a type of residential
at the place of agricultural, whereas the land
in question is situated under the municipality
Patna High Court CWJC No.18644 of 2019(3) dt.07-01-2026
3/3
of the Bihariganj town district-Madhepura
near science College Pryag Nagar
Bihariganj.
(V) For any other relief or reliefs
to which the petitioners found entitled to may
kindly be allowed to the petitioners.
3. Learned State Counsel has taken this Court to the
counter affidavit filed on behalf of the respondent nos. 3 to 6 duly
signed by the Circle Officer, Bihariganj, Madhepura and served
upon the learned counsel for the petitioner on 15.10.2019
according to which, the Six Men Committee held the nature of the
land to be agricultural, fixed it at the rate of 8,50,000/- per acre,
the petitioner accepted the said amount without any objection and
now the writ petition has been filed.
4. As stated above, counter affidavit was served in the
year 2019, there is no rebuttal to it.
5. However, since there is no appearance, dismissed for
non-prosecution.
(Rajiv Roy, J)
Vijay Singh/-
U
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