Patna High Court
Nikhil PriyadarshiversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is dismissed as infructuous because the land acquisition proceedings have lapsed.
Summary
The petitioner, Nikhil Priyadarshi, filed a writ petition seeking clarification on the status of his 211.19 acres of land in Mauza Dumri‑II, which was subject to land acquisition proceedings initiated in December 2007 for the Megha Adhyogik Park, Bihta, and to obtain restoration of his cancelled Jamabandi. The State argued that the acquisition award was not completed within two years of the notification, causing the proceedings to lapse under the applicable land acquisition law. The petitioner contended that he should be allowed to pursue fresh remedies, including restoration of his Jamabandi and possible compensation. The Court examined the counter‑affidavit and the Director of Land Acquisition’s letter confirming the lapse of the acquisition process. Concluding that the lapse rendered the petition infructuous, the Court disposed of the writ petition, directing the petitioner to seek any further relief through the appropriate statutory mechanisms.
Issues considered
- Whether the land acquisition proceedings for the petitioner's land have lapsed, rendering the writ petition infructuous.
- Whether the petitioner is entitled to restoration of the cancelled Jamabandi.
- Whether the court can direct the acquisition of the land or set aside the acquisition proceedings.
Subjects
- land acquisition
- lapse of acquisition proceedings
- Jamabandi restoration
- compensation
- public purpose
- writ petition
- mandamus
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20861 of 2018
======================================================
Nikhil Priyadarshi S/o Krishna Bihari Prasad Sinha, resident of Plot No. 11,
Visheshwarya Nagar, Baily Road, Patna, P.S.- Rupaspur, District- Patna.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Chief Secretary, Government of Bihar, Patna.
3. The Principal Secretary Revenue and Land Reforms, Govt. of Bihar, Patna.
4. The Director, Land Acquisition Government of Bihar.
5. District Magistrate, Patna.
6. The Circle Officer, Danapur, Patna.
7. Principal Secretary, Department of Revenue and Land Record, Government
of Bihar Old Secretariat Pat
8. Director Land Record Government of Bihar Department of Revenue old
Secretariat, Patna.
9. S.D.O., SDO Office, Danapur Subdivision, Danapur.
10. Additional Collector, Revenue, Patna.
11. LRDC, Danapur, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Shama Sinha, Advocate
For the State : Mr. Raj Kishore Roy, GP-18
: Mr. Vivekanand Singh, AC to GP-18
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 06-01-2026 Heard Mrs. Shama Sinha, learned counsel for the
petitioner and Mr. Vivekanand Singh, learned AC to GP-18
representing the State.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) to issue an appropriate
writ/order/direction to the respondent authorities
Patna High Court CWJC No.20861 of 2018(4) dt.06-01-2026
2/4
to clarify about the status of the land of the
Petitioner in Mauza Dumri-II, Thana No. 48
which was part of total 211.19 acres of law
under land acquisition proceedings vide
proceedings initiated on 13.12.2007 and
24.12.2007 for establishment of Megha Adhyogik
Park, Bihta but no compensation has been paid
to the Petitioner till date.
(ii) to issue an appropriate
writ/order/direction to the respondent authorities
to clarify whether they wish to acquire the land
of the Petitioner in Mauza Dumri -II, Thana No.
48 for establishment of Megha Adhyogik Park,
Bihta as earlier proceeding of land acquisition
initiated on 13.12.2007 and 24.12.2007 has
since lapsed as neither possession was taken
from the petitioner nor compensation was/is
paid.
(iii) to issue an appropriate
writ/order/direction in the nature of Mandamus
commanding the respondents to acquire the land
of petitioners if required in the larger public
Patna High Court CWJC No.20861 of 2018(4) dt.06-01-2026
3/4
interest after following due process of law or in
alternate to set the land free from the land
acquisition proceedings so that the petitioner
can sell his land for meeting his urgent financial
requirements.
(iv) to issue an appropriate
writ/order/direction to the respondent authorities
to restore the Jamabandi no.609 created in name
of the Petitioner, which has been canceled on
ground that the land of the Petitioner is under
land acquisition proceedings.
(v) to any other relief or reliefs for
which the Petitioner is found to be entitled in the
facts and circumstances of the case.”
3. Learned State counsel has taken this Court to the
counter affidavit filed on behalf of the respondent no. 5, 6 and 9
to 11 and as per the paragraph no.5, the Director, Land
Acquisition, Bihar vide office letter no. 593 dated 02.05.2016
informed the Collector, Patna that the declaration of award
relating to Mauza Dumri-II, Thana No. 48 (area 211.19 acre)
was not completed in two years from the publication of
notification dated 24.12.2007 and as such, the land acquisition
Patna High Court CWJC No.20861 of 2018(4) dt.06-01-2026
4/4
proceeding stands lapsed.
4. The submission of the learned State counsel is that
in that background, when the land acquisition proceeding has
lapsed, the writ petition has become infructuous.
5. Learned counsel for the petitioner submits that he
may be granted liberty to agitate the matter afresh, if situation so
warrant. The further submission is that since the ‘Jamabandi’
was canceled, the petitioner be allowed to take fresh steps for its
restoration in accordance with law.
6. Granting said liberty and taking note of the said
statement made in the counter affidavit, the writ petition is
disposed of, if the fresh development has taken place, the
petitioner can avail all the remedy available under the law of the
land.
(Rajiv Roy, J)
vinayak/-
U
Checking your session…