Patna High Court

Parth SarthiversusThe Chief Secretary, Government of Bihar

Decided: 12 January 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The petition is disposed, directing the petitioners to pursue their claim before the District Land Acquisition Officer and, if aggrieved, under the Land Acquisition Act, without granting mandamus or a stay.

Summary

A large group of petitioners filed a writ petition seeking a mandamus directing the State to award compensation as per the revised market value for land acquired for a 4‑lane highway project and to stay the construction until such compensation is paid. The State counsel pointed out that a notice dated 06‑10‑2025 had already been issued by the District Land Acquisition Officer (DLO) requiring the petitioners to present their claims, and that any further grievance could be addressed to the Divisional Commissioner under the Land Acquisition Act. The court agreed with the State's position, directing the petitioners to appear before the DLO and, if dissatisfied, to pursue remedies under the Act. Consequently, the court disposed of the writ petition without granting the requested mandamus or stay. The decision emphasizes the procedural route prescribed by the Land Acquisition framework before judicial intervention.

Issues considered

Whether the court can issue a mandamus directing the State to award compensation and stay the highway construction pending such compensation
Whether the petitioners must first approach the District Land Acquisition Officer and exhaust remedies under the Land Acquisition Act before seeking judicial relief

Legislation cited

Land Acquisition Act

Subjects

land acquisition
compensation
mandamus
highway construction
public purpose
writ petition
stay order
procedural remedy

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20958 of 2025
======================================================
1. Parth Sarthi Son of Vijay Kumar Singh, Resident of Panki Kothi, Nala Road,
R.K. Avenue, Police Station - Kadamkuan, District - Patna.
2. Ram Dahin Singh, Son of Late Sri Narayan Singh, Resident of Village -
Panki, Police Station - Silao, District - Nalanda.
3. Ujain Kumar @ Ujjain Kumar, Son of Late Ayodhya Singh, Resident of
Village - Panki, Police Station - Silao, District - Nalanda.
4. Gopal Kumar, Son of Ram Snehi Singh, Resident of Village - Panki, Police
Station - Silao, District -Nalanda.
5. Ajay Kumar, Son of Sukhnandan Singh, Resident of Village - Panki, Police
Station - Silao, District -Nalanda.
6. Umesh Prasad, Son of Ayodhya Singh, Resident of Village Panki, Police
Station Silao, District Nalanda.
7. Manoj Kumar, Son of Vijay Kumar Singh, Resident of 8230, Rajnigandha
Apartment, G.T. Road, Ghaziabad, Police Station - Ghaziabad, District -
Ghaziabad, State - Uttar Pradesh.
8. Kiran Sinha, Wife of Late Surendra Narayan, Resident of 363, Panki Kothi,
Nala Road, In front of Dr. Rajesh Sinha, Police Station - Kadamkuan,
District - Patna.
9. Tanik Prasad Singh, Son of Late Jagdeo Singh, Resident of Mohalla - Kagzi
Mohalla, Police Station - Bihar, District - Nalanda.
10. Dinesh Prasad Singh, Son of Late Jagdeo Singh, Resident of Village Panki,
Police Station - Silao, District - Nalanda.
11. Arvind Kumar, Son of LKate Jagdev Singh, Resident of Village - Panki,
Police Station - Silao, District -Nalanda.
12. Vinay Krishna Pravakaram, Son of Sahjanand Singh, Resident of Village
Panki, Police Station Silao, District - Nalanda.
13. Maya Devi, Wife of Narendra Narayan, Resident of Nala Road, Police
Station Kadamkuan, District-Patna.
14. Gayatri Devi, Wife of Kamla Prasad, Resident of Kalibadi, Police Station -
Rajgir, District - Nalanda.
15. Bhola Nath Sharma, Son of Ram Chandra Singh, Resident of Village -
Panki, Ward No. 10, Near Panchayat Bhawan, Police Station - Silao, District
- Nalanda.
16. Janardan Prasad, Son of Ram Narayan Prasad, Resident of Village - Panki,
Police Station - Silao, District - Nalanda.
17. Kamla Devi, Wife of Janardan Prasad, Resident of Village - Panki, Police
Station - Silao, District - Nalanda.
18. Upendra Singh, Son of Sahdeo Singh, Resident of Village Panki, Police
Station Silao, District -Nalanda.
19. Rasbihari Singh, Son of Bharat Singh, Resident of Village - Panki, Ward No.
5, Near Devi Sthan, Police Station - Silao, District - Nalanda.
Patna High Court CWJC No.20958 of 2025(2) dt.12-01-2026
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20. Prem Ranjan Kumar, Son of Kishori Singh, Resident of Village - Panki,
Police Station - Silao, District-Nalanda.
21. Pawan Kumar, Son of Ramdas Sharma, Resident of Village - Panki, Police
Station - Silao, District - Nalanda.
22. Sanjay Singh, Son of Chandeshwar Singh, Resident of Village - Panki,
Police Station - Silao, District -Nalanda.
23. Prabha Singh, Wife of Ramdahin Singh, Resident of House No. 27, Village
Panki, Near Nalanda University, Police Station - Silao, District - Nalanda.
24. Manju Devi, Wife of Janardan Prasad Singh, Resident of Village - Panki,
Near Devi Sthan, Police Station - Silao, District - Nalanda.
25. Surendra Prasad Singh, Son of Sidheshwar Prasad Singh, Resident of B-11,
Vijay Sri Jagat Apartment, Tiwari Bechar Road, Police Station Kankarbagh,
District-Patna.
26. Vijay Shankar, Son of Late Ram Bilash Prasad Singh, Resident of Village
Chhotki Delha, Paraiya Road, Near Bagicha School, Police Station Delha,
District Gaya.
27. Jay Prakash Narayan, Son of Krishna Narayan singh Resident of Village -
Panki, Police Station -Silao, District - Nalanda.
28. Ramanand Singh, Son of Kapildev Singh, Resident of Village - Panki, Police
Station - Silao, District -Nalanda.
29. Surendra Prasad, Son of Shivdani Singh, Resident of Village - Panki, Police
Station - Silao, District -Nalanda.
30. Nirmala Devi, Wife of Vijay Singh, Resident of Village Panki, Police Station
Silao, District Nalanda.
31. Arun Kumar, Son of Shatrudhan Prasad, Resident of House No. C/85, Road
No. 9, North of A.G. Colony, Srinagar, Ashiana Nagar, Police Station -
Sachiwalaya, District-Patna.
32. Surendra Prasad Sharma, Son of Kedar Singh, Resident of Village Bastipur,
Mankipur, Police Station - Dehri, District - Rohtas.
33. Prabha Karan, Son of Ramsnehi Singh, Resident of Village - Panki, Police
Station - Silao, District -Nalanda.
34. Nutan Devi, Son of Ramanand Singh, Resident of Village Panki, Ward No.
10, Near Panchayat Bhawan, Police Station - Silao, District - Nalanda.
35. Haridwar Singh, Son of Lare Ramashish Singh, Resident of Village Panki,
Police Station Silao, District - Nalanda.
36. Pramod Singh, Son of Ramashish Singh, Resident of Village - Panki, Police
Station - Silao, District -Nalanda.
37. Rambachan Singh, Son of Devnarayan Singh, Resident of Village - Panki,
Police Station - Silao, District -Nalanda.
38. Karyanand Singh, Son of Hirday Singh, Resident of House No. 117, Prem
Nagar, Kotlla Mubarakpur, Lodhi Road, Central Delhi, Police Station
Central Delhi, District - Delhi.
39. Rajiv Kumar, Son of Brij Nandan Singh, Resident of House No. 33, Street
No. 4, Ramgarh, Ludhiana, Police Station - Ramgarh, District - Ludhiana,
Patna High Court CWJC No.20958 of 2025(2) dt.12-01-2026
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Punjab.
40. Ramanuj Singh, Son of Dwarika Singh, Resident of Village - Panki, Police
Station - Silao, District -Nalanda.
41. Tunni Devi, Wife of Jitendra Kumar, Resident of Village Panki, Police
Station Silao, District Nalanda.
42. Nabal Singh, Son of Late Baldev Singh, Resident of Village - Panki, Police
Station - Silao, District -Nalanda.
43. Arvind Singh, Son of Bachchan Singh, Resident of Village Panki, Police
Station Silao, District Nalanda.
44. Sunil Kumar, Son of Shyam Singh, Resident of Village Panki, Police Station
Silao, District -Nalanda.
45. Kamalesh Sharma, Son of Rajendra Singh, Resident of Village - Panki,
Police Station - Silao, District -Nalanda.
46. Shivbalak Prasad Singh, Son of Baleshwar Singh, Resident of Village Panki,
Police Station Silao, District - Nalanda.
47. Ravindra Singh, Son of Kapil Singh, Resident of Village Panki, Police
Station Silao, District Nalanda.
48. Suraj Singh, Son of Tripit Singh, Resident of Village Panki, Police Station
Silao, District -Nalanda.
49. Ramjanam Singh, Son of Nandkishor Singh, Resident of Village - Panki,
Police Station - Silao, District -Nalanda.
50. Nutan Sharma, Wife of Ajay Kumar, Resident of Village Panki, Police
Station Silao, District Nalanda.
51. Madhvendra, Son of Rajendra Prasad Sharma, Resident of Panki Kothi, Nala
Road, Kadamkuan, Police Station - Kadamkuan, District - Patna.
52. Sailesh Prasad, Son of Balesar Singh, Resident of Village Panki, Police
Station Silao, District Nalanda.
53. Sharda Devi, Wife of Ram Swarath Singh, Resident of Sharda Complex,
Police Station - Kankarbagh, District - Patna.
54. Anuradha Devi, Wife of Surendra Prasad Singh, Resident of B-11, Vijay
Shree Jagat Apartment, Tiwari Bechar Marg, Police Station - Kankarbagh,
District - Patna.
55. Vikash Kumar, Son of Late Brahmdeo Singh, Resident of Village - Panki,
Police Station - Silao, District -Nalanda.
56. Chandra Prabha Singh, Wife of Late satish singh Resident of Village - Panki,
Police Station - Silao, District - Nalanda.
57. Ramchandra Yadav, Son of Budha Yadav, Resident of Village - Panki, Police
Station - Silao, District - Nalanda.
58. Dhrub Narayan, Son of Devendra Narayan, Resident of Village Panki, Police
Station Silao, District - Nalanda.
59. Kapildev Yadav, Son of Late Ramdhani Yadav, Resident of Village Panki,
Police Station Silao, District - Nalanda.
60. Vijay Kumar, Son of Lakhan Yadav, Resident of Village - Dhana Bigha,
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Police Station - Silao, District - Nalanda.

... ... Petitioner/s
Versus
1. The Chief Secretary, Government of Bihar Patna.
2. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Old Secretariat, Nehru Path, Patna.
3. The Principal Secretary, Revenue and Land Reforms Department, Old
Secretariat, Nehru Path, Patna.
4. The Principal Secretary, Department of Home, Old Secretariat, Nehru Path,
Patna.
5. The Director General of Police, Bihar, Patna.
6. The Inspector General of Police, Patna Division, Patna.
7. The Deputy Inspector General of Police, Patna Division, Patna.
8. The Divisional Commissioner, Patna Division, Patna.
9. The District Magistrate, Nalanda.
10. The Senior Superintendent of Police, Nalanda, at Biharsharif.
11. The District Land Acquisition Officer, Nalanda.
12. The Station House Officer of Silao Police Station, District Nalanda.
13. The Sub Divisional Officer, Silao, Nalanda.
14. The Deputy Collector Land Reforms, Nalanda.
15. The Circle Officer, Silav, Nalanda.

... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Singh, Advocate
For the Respondent/s : Mr. Birju Prasad, GP-13
Mrs. Shweta Anand, A.C to GP-13
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER

2 12-01-2026 Learned counsel for the petitioner, Mr. Rakesh Kumar

Singh submits that he inadvertently entered the Courtroom while

still having tobacco in his mouth for which he intends to pay Rs.

500/- to the Patna High Court Legal Services Committee. The

amount has to be paid by 16.01.2026 and the receipt is to be filed

in the office by 17.01.2026.
Patna High Court CWJC No.20958 of 2025(2) dt.12-01-2026
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2. Heard Mr. Rakesh Kumar Singh, learned counsel for

the petitioners and Mrs. Shweta Anand, learned AC to GP-13.

3. The present petition has been preferred for the

following relief(s):

“I. In the nature of Mandamus directing

the concerned respondents to award compensation to

the Petitioners as per the revised MVR in L.A. Case

No. 23/2025-2026, regarding acquiring their land for

construction of 4 lane highway from NH-82, Salepur

to Rajgir via Nursarai Ahiyapur-Silav (Tourist route

construction work of Rajgir connecting Buddhist

circuit); and/or,

II. In the nature of mandamus directing the

concerned respondents to stay the process of

construction of 4 lane highway from NH-82, Salepur

to Rajgir via Nursarai Ahiyapur-Silav (Tourist route

construction work of Rajgir connecting Buddhist

circuit), till the compensation in L.A. Case No.

23/2025-2026, is awarded as per revised MVR;

and/or,

III. For the grant of any relief for which

the Petitioner is entitled in the fact and

circumstances of the case.”
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4. Learned State counsel straightaway took this Court to

the notice dated 06.10.2025 issued by the District Land

Acquisition Officer, Nalanda (Annexure-5 to the petition) to show

that the concerned respondent has already taken note of the

grievance put forward by the petitioners and pursuant to the

notices, they have to appear and submit their respective claims.

The submission is that if still aggrieved, the petitioners are free to

approach the respondent no. 8, the Divisional Commissioner,

Patna Division, Patna-cum-Arbitrator under the Act.

5. This Court is in agreement with the submissions put

forward by the learned State counsel.

6. Learned counsel for the petitioners, Mr. Singh submit

that the petitioners shall be separately appearing before the District

Land Acquisition Officer, Nalanda pursuant to the notices issued

so that the matter is taken to its logical conclusion. If still

aggrieved, they shall be agitating further under ‘the Act’.

7. Expecting the DLO, Nalanda to do the needful in

accordance with land and within stipulated time frame, the writ

petition stands disposed of.

(Rajiv Roy, J)
Adnan/-

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