Patna High Court
Balkrishan BarnwalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court held that the District Magistrate must exercise his jurisdiction to direct the District Land Acquisition Officer to pay the petitioners the compensation due for the land acquired for NH‑333A.
Summary
A group of villagers petitioned the Patna High Court alleging that land in Mauza‑Katoria, recorded in their names, was incorporated into the construction of National Highway 333A without proper notice, acquisition procedures, or compensation. They claimed the bye‑pass schedule mis‑characterised portions of their land, depriving them of rights and compensation. The petitioners had previously approached the District Land Acquisition Officer and the District Magistrate‑cum‑Collector, but no action was taken. The Court, without examining the merits, directed the District Magistrate to investigate why the Land Acquisition Officer had not acted and, if the petitioners were entitled, to ensure payment of compensation within one month. The Court then disposed of the writ petition.
Issues considered
- Whether the land acquisition for NH‑333A was carried out without due notice and compensation in violation of land acquisition law.
- Whether the petitioners are entitled to a mandamus directing the authorities to pay compensation for the acquired land.
Subjects
- land acquisition
- compensation
- National Highway
- mandamus
- public purpose
- administrative inaction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20509 of 2025
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1. Balkrishan Barnwal Son of Nand Kishore Baranwal, Resident of Village
-Lalpur, Post Office Bhairoganj, Anchal Katoriya, Police Station -
Bhairoganj, District - Banka.
2. Abhimanyu Singh @ Abhimanyu Prasad Singh, Son of Late Yashwant
Singh, Resident of Village Katoria, Post Office Katoria, Police Station
Katoria, Anchal - Katoria, District Banka.
3. Kumid Kumar Singh, Son of Arjun Sah, Resident of Village- Chhatakuram,
Post Office- Katoria, Police Station Katoria, Anchal Katoria, District -
Banka.
4. Raj Kumar Raj, Son of Devendra Prasad Burnwal, Resident of Village
Katoria, Post Office Katoria, Police Station Katoria, Anchal Katoria, District
Banka.
5. Saraswati Devi @ Saraswati Devi Barnwal, Wife of Radheshyam Barnwal,
Resident of Village- Lalpur Post Office- Bhairoganj, Police Station-
Bhairoganj, Anchal- Bhairoganj, District - Banka.
6. Md. Akbar Khan @ Md. Akbar, Son of Md. Alam, Resident of Room No.
385, Shastri Nagar, Ch. No. 3, Dr. Varaskar Marg, Bandra West, Mumbai,
Maharashtra, PIN Code 400050.
7. Md. Numan, Son of Md. Salim, Resident of Village- Badi Dargah, Lehri
Tungi, Nalanda, Post Office- Nalanda, Police Station- Nalanda, Anchal
Nalanda, District- Biharsharif.
8. Surendra Singh, Son of Mahendra Singh, Resident of Village Sitane, Post
Office Tonapathar, Police Station Katoria, Anchal Katoria, District - Banka.
9. Tripurari Barnwal, Son of Late Sukar Barnwal, Resident of Village - Suiya
Road, Katoria, Post Office Katoria, Police Station Katoria, Anchal Katoria,
District - Banka.
10. Ram Kumar Barnwal, Son of Basant Barnwal, Resident of Village Near
Purandaha Bridge, Purandah, Post Office Deoghar, Police Station - Deoghar,
Anchal - Deoghar, District Deoghar, State - Jharkhand.
11. Sita Devi, Wife of Shambhu Prasad Baranwal, Resident of Village Jatahi
More, Ward No. 25, Post Office Deoghar, Police Station Deoghar, Anchal
Deoghar, District Deoghar, State - Jharkhand.
12. Atulesh Kumar Bhagat @ Atulesh Bhagat, Son of Sita Ram Bhagat,
Resident of Village Katoria, Post Office Katoria, Police Station Katoria,
Anchal Katoria, District -Banka.
13. Sikandra Singh, Son of Late Binda Singh, Resident of Deoghar Road, Post
Office Katoria, Police Station Katoria, Anchal Katoria, District - Banka.
14. Manoj Kumar Sah, Son of Raghunath Sah, Resident of Village Thana Road,
Post Office Katoria, Police Station Katoria, Anchal Katoria, District - Banka.
15. Rudo Turi, Son of Late Tetu Turi, Resident of Village Katoria, Post Office -
Katoria, Police Station Katoria, Anchal Katoria, District Banka.
16. Akhilanand Singh,Son of Yugal Sah,Resident of Village Katoria, Post Office
Patna High Court CWJC No.20509 of 2025(2) dt.06-01-2026
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- Katoria, Police Station Katoria, Anchal - Katoria, District Banka.
17. Arjun Prasad Sah, Son of Shiveshwar Sah, Resident of Prakhand Colony,
Village Katoria, Post Office Katoria, Police Station Katoria, Anchal Katoria,
District - Banka.
18. Uttam Kumar Pandey, Son of Niwash Pandey, Resident of Village Katoria,
Post Office Katoria, Police Station Katoria, Anchal - Katoria, District Banka.
19. Sanju Devi, Wife of Kamdeo Yadav, Resident of Village- Bhairoganj, Post
Office- Katoria, Police Station- Katoria, Anchal- Katoria, District- Banka.
20. Sariya Devi, Wife of Ram Prasad Yadav, Resident of Village Salaiya, Post
Office Simultalla, Police Station Chandan, Anchal Chandan, District -
Banka.
21. Kamdeo Yadav, Son of Nand Kishore Yadav, Resident of Village Bhairoganj,
Post Office Katoria, Police Station Chandan, Anchal Katoria, District -
Banka.
22. Vikash Kumar Singh, Son of Mauleshwar Singh, Resident of Village Sitane
Tola, Tonapathar, Post Office Katoria, Police Station - Katoria, Anchal
Katoria, District- Banka.
23. Vibhash Singh, Son of Dasho Sah, Resident of Village- Tonapathar, Post
Office- Katoria, Police Station- Katoria, Anchal- Katoria, District- Banka.
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector -cum- District Magistrate, Banka.
2. The Collector -cum- District Magistrate, Banka.
3. The District Land Acquisition Officer, Banka.
4. The Sub Divisional Magistrate, Banka.
5. The Circle Officer, Katoria Anchal, District- Banka.
6. The Chief Engineer, Road Construction, National Highway of India,
Highway No. 333, Near Barbigha connecting Sheikhpura- Sikandra- Jamui-
Jhajha, Banka, Panjwara, Bihar, Jharkhand Border at NHAI Regional Office
(New), 4 Patliputra Colony, Road Block- A, Patliputra Industrial Area,
Patliputra Colony, Patna- Bihar- 800013.
7. The Superintending Engineer, Road Construction National Highway of
India, Highway No. 333, Near Barbigha connecting Sheikhpura- Sikandra-
Jamui- Jhajha, Banka, Panjwara, Bihar, Jharkhand Border at NHAI Regional
Office (New), 4 Patliputra Colony, Road Block- A, Patliputra Industrial
Area, Patliputra Colony, Patna- Bihar- 800013.
8. The Executing Engineer, Road Construction National Highway of India,
Highway No. 333, Near Barbigha connecting Sheikhpura- Sikandra- Jamui-
Jhajha, Banka, Panjwara, Bihar, Jharkhand Border at NHAI Regional Office
(New), 4 Patliputra Colony, Road Block- A, Patliputra Industrial Area,
Patliputra Colony, Patna- Bihar- 800013.
... ... Respondent/s
======================================================
Appearance :
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For the Petitioner/s : Mr.Pankaj Kumar Sinha, Advocate
For NHAI : Mr.Rajesh Kumar Shandilya, Advocate
Ms.Ankita Kumari, Advocate
For the Respondent/s : Government Pleader (04)
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 06-01-2026 Heard learned counsels appearing on behalf of the
petitioners and the learned APP for the State.
2. At the very outset, learned counsel appearing on
behalf of the petitioners seeks to make correction in the cause
title of the writ petition in course of the day.
3. Permission accorded.
4. The petitioners in paragraph no. 1 of the present
writ petition has sought inter alia following relief(s), which is
reproduced hereinafter:-
“(i) Issuance of a writ in the nature of
mandamus or for any other appropriate writ(s),
order(s), direction(s) commanding the respondents to
act in accordance with law relating to the
construction of the National Highway No.333A
starting from its junction with NH333 near Barbigha
connecting Sheikhpur-Sikandra-Jamui, Jhajha-
Banka, Panjwara, Bihar/Jhakhand Border in the State
of Bihar to two/four lane with paved shoulder
configuration programme in Mauza-Katoria, Anchal-
Katoria, District-Banka in several khata and Kheshra
of petitioners and other villagers has been mentioned
in schedule of Bye-pass (Anchak-Katoria) and
without Acquisition of the said land and without any
proper notice to the petitioners (except one Rama @
Rambha Devi mother of Abhimanyu Prasad Singh.
Petitioner has received notice) and also direct the
respondnets to make payment of compensation
amount with interest for the admitted portion of the
above said land of the petitioners, which is
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mentioned in schedule of By-pass Anchal-Katoria,
petitioners have no knowledge regarding any Award
has been made regarding the acquisition of land.
(ii) Any other relief/reliefs to which the
petitioner is found entitled to.”
5. That the brief facts of the case are that the
respondents have constructed National Highway No. 333A
starting from its junction with National Highway No. 333 near
Barbigha connecting Sheikhpura – Sikandra – Jamui, Jhajha –
Banka – Panjwara up to the Bihar–Jharkhand Border in the State
of Bihar, by converting the same into two/four lane with paved
shoulder configurations, and in the course of the said
construction the land situated at Mauza – Katoria, Anchal –
Katoria, District – Banka, which stands recorded in the name of
the petitioners and in the name of his/her ancestors, has been
included, upon which on some portion of land the petitioners
have constructed their pucca house and on some portion of land
crops are growing till date, however the respondent authority,
while preparing the bye-pass schedule list of National Highway
No. 333A, has shown the land upon which crops are growing as
parti land and on some land has not shown the existing house
and has wrongly written the same as parti land, thereby
adversely affecting the lawful rights and interests of the
petitioners.
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6. Learned counsel appearing on behalf of the
petitioners submitted that in respect of the relief(s) as prayed for
in the present writ petition, the petitioners have already filed a
detailed representation before the District Land Acquisition
Officer, Banka on 26.11.2025 but no action was taken by him
and thereafter, the petitioners approached the District
Magistrate-cum-Collector, Banka. The District Land Acquisition
Officer, Banka is sitting tight over their application leading to
filing of the present writ petition.
7. This Court without going into the merits of the case
directs the District Magistrate, Banka to exercise his jurisdiction
and see that why the District Land Acquisition Officer, Banka
has not taken any action even though from the information
contained in the writ petition it appears that the amount of
compensation has already been notified and the petitioners have
been deprived of the due amount of compensation in lieu of
their land acquired for the purpose of National Highway 333A
starting from its junction.
8. The District Magistrate, Banka, if finds that the
petitioner is entitled for the relief(s) as prayed for in the present
writ petition, must ensure to make payment of the amount of
compensation well within a period of one month from the date
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of communication of this order.
9. With the above observation/direction, the present
writ petition stands disposed of.
10. It is made clear that the above order has been
passed in presence of Ms. Ankita Kumari, learned counsel, who
has tendered her appearance on behalf of NHAI.
(Purnendu Singh, J)
chn/-
U
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