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Patna High Court

Nikhil PriyadarshiversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

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
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                             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
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                             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


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