Patna High Court
Vijay Kumar Mishra,versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court directs the Collector and the Executive Engineer to investigate the claim and, if the petitioner is entitled, to pay compensation with interest, completing the process by 30 June 2026.
Summary
Petitioner Vijay Kumar Mishra alleged that his land in Rohtas district was taken by the Executive Engineer for road construction without any compensation. He filed a writ petition seeking payment of compensation with interest and appropriate directions against the State of Bihar and several officials. The respondents failed to file a counter‑affidavit, prompting the court to consider its options. The High Court directed the Collector of Rohtas and the Executive Engineer to examine the claim, hear the parties, and, if the petitioner is entitled, order payment of compensation with interest, completing the process by 30 June 2026. The court disposed of the petition with these observations.
Issues considered
- Whether the acquisition of the petitioner's land for road construction without compensation violates the applicable land acquisition law.
- Whether the respondents are liable to pay compensation with interest to the petitioner.
- Whether the court may direct the respondents to complete the compensation process by a specified date.
Subjects
- land acquisition
- compensation
- civil writ jurisdiction
- road construction
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19864 of 2019
======================================================
Vijay Kumar Mishra, S/o - Late Rajnath Mishra, R/o village- Tiyara Kala,
P.O.- Parchha, P.S.- Nauhatta, District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar.
2. The Additional Secretary, Department of Revenue Government of Bihar,
Patna.
3. The Collector, Rohtas, Sasaram District- Rohtas.
4. The Additional Collector, Rohtas at Sasaram.
5. The Land Acquisition Officer, Sasaram, Rohtas.
6. The Executive Engineer, Rural Engineering Department Sasaram, District-
Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashutosh Tripathy, Adv.
For the Respondent/s : Mr. Rishi Raj Sinha ( Sc19 )
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 07-01-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
(i) That this application is being
filed for issuance of an appropriate writ /
order / direction upon the respondent
authorities to pay the compensation amount
to the petitioner with panel interest for the
acquisition of the land of the petitioner in
accordance with law.
(ii) That the petitioner further
prays for issuance of any other appropriate
writ/order/ direction upon the Respondent
Patna High Court CWJC No.19864 of 2019(3) dt.07-01-2026
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authorities to make payment according to
new rule.
(iii) That the petitioner further
prays for issuance of any other appropriate
writ / order / direction to which he is found
entitled to.
3. The matter relates to Khata No. 70, Khesra No.
362, 389 and 76 and Khata No. 76, Khesra No. 368, 370 and
374 in the village Tiyara Kala in the district of Rohtas.
4. The claim is that the Executive Engineer, Rural
Engineering Department, Sasaram picked up the land in
question for construction of road without acquiring/making any
compensation.
5. The Co-ordinate Bench on 26.09.2019 wanted the
State to file response and today, on call, the submission is that
no counter affidavit has been filed.
6. This Court has two options, either to impose cost
upon the State respondents and adjourn the matter, alternatively,
to direct both the respondent no. 3, the Collector, Rohtas at
Sasaram as also the respondent no. 6, the Executive Engineer,
Rural Engineering Department, Sasaram, Rohtas to look into the
matter, hear the parties and ensure that an appropriate order is
passed in the present case if the respondents come to the
conclusion that the petitioner is entitled to the compensation, the
Patna High Court CWJC No.19864 of 2019(3) dt.07-01-2026
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same be also paid to him.
7. The entire process be completed by 30th June 2026.
8. The writ petition is disposed of with aforesaid
observation.
(Rajiv Roy, J)
Vijay Singh/-
U
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