Patna High Court
Jitendra PrasadversusThe Union Of India and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed, with the petitioner permitted to approach a higher authority for the claim of interest on the compensation.
Summary
Petitioner Jitendra Prasad filed a writ petition seeking compensation for land acquired for the Rajgir Titsiya Rail Project, demanding payment at current rates with statutory interest for a 15‑year delay. The respondents, including the Union of India and railway authorities, were given extensions to file affidavits, but no affidavits were filed and the record showed procedural lapses and inconsistent counsel appearances. The court observed that payments had been made without interest and that the petitioner intended to raise the interest claim before a higher authority. Consequently, the court granted the petitioner liberty to pursue the matter elsewhere and ordered the writ petition to be disposed. The petition was therefore dismissed without further directions.
Issues considered
- Whether the petitioner is entitled to compensation at present market rates with statutory interest for the delayed payment of land acquisition compensation.
- Whether the writ petition should be dismissed due to procedural defaults, including failure to file the required affidavit and lack of proper notice to respondents.
Subjects
- land acquisition
- compensation
- statutory interest
- writ petition
- railway project
- procedural default
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20411 of 2016
======================================================
Jitendra Prasad S/o Late Ram Lal Mahto resident of village - Tilaiya Bigha,
P.O. P.S. Hisua, District - Nawada.
... ... Petitioner/s
Versus
1. The Union Of India
2. The Principal Secretary, Department of Railway, Government of India, New
Delhi.
3. The Divisional Manager, Eastern Central Railway Danapur, District - Patna.
4. The Collector-cum-District Magistrate, Nawada, District - Nawada.
5. District Land Acquisition Officer, Nawada, District - Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shambhu Sharan Singh, Advocate
For the Respondent/s : Mr.Sajid Salim Khan-SC-25
For UOI : Dr. Iti Suman, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 12-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) "for the directions/orders to respondents
to pay the compensation amount of land of
petitioner acquired for Rajgir Titsiya Rail
Pariyojna (Project) with the present rate on
the date of payment alongwith statutory
interest thereon for 15 years delayed part
payment of compensation amount with
improper rate and other directions/orders as
the Court may deem fit and proper.
Patna High Court CWJC No.20411 of 2016(4) dt.12-01-2026
2/2
3. Though, earlier the State was allowed time on
25.08.2025 and 13.10.2025 to file affidavit, today on call, there
is nothing on record.
4. The problem is that on earlier occasion, one
Assistant counsel comes and on the next date of hearing, the
other appears.
5. There is nothing on record to show whether any
letter was issued and/or the respondents were sounded about the
filing of the affidavit and in that background, the precious
court’s hour are being wasted. However, to the rescue the Court,
the petitioner has come and learned counsel submits that
payments have been made though without any interest for which
he shall be agitating the matter before an appropriate superior
authority.
6. Granting said liberty to agitate the matter, if the
petitioner still has grievance as also incorporating the stand of
the State regarding non cooperation, the writ petition is disposed
of.
(Rajiv Roy, J)
Ravi/-
U
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