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Patna High Court

Naresh Mohan Choudhary and OrsversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed; the remedy for the petitioners lies with the appropriate authority, and no mandamus is issued.

Summary

The petitioners, a group of 44 landowners from Gandaul village, filed a writ petition seeking a mandamus directing the State to release compensation for their land acquired for a link road and to reclassify the land as residential under the RFCTLARR Act, 2013. They alleged that the acquisition notices were issued individually but their claims were not considered, and that the compensation award had not been prepared. The State argued that the petitioners were duly notified and should have pursued their claims before the appropriate authority. The Court observed that the petitioners were individually notified and that any grievance regarding the award or land classification must be addressed to the designated authority. Consequently, the Court disposed of the writ petition, directing the petitioners to approach the appropriate authority for enhancement of compensation or to submit required documents, and declined to issue a mandamus.

Issues considered

  • Whether the High Court can issue a mandamus directing the release of compensation and reclassification of land as residential under the RFCTLARR Act, 2013.
  • Whether the petitioners' remedy lies before the appropriate land acquisition authority rather than the Court.

Subjects

  • land acquisition
  • compensation
  • mandamus
  • RFCTLARR Act 2013
  • land classification
  • writ petition
  • High Court

Judgment

        IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.24683 of 2018
     ======================================================
1.    Naresh Mohan Choudhary and Ors S/O Tirth Narayan Chaudhary.
2.   Chiranjeeb Chaudhary, S/o Yugul Chaudhry,
3.   Lalan Chaudhry, S/o Late Bhup Narayan Chaudhary, Bhup Narayan
     Chaudhry.
4.   Plan Chaudhry, S/o- Late Bhup Narayan Chaudhry
5.   Smt. Durga Devi, W/o- Dharma Narayan Chaudhry
6.   Arun Chaudhry, S/o Balram Chaudhry
7.   Maheshwar Mistri, S/o- maksudan Mistri
8.   Amar Kant Jha @ Amarjha. S/o-Phulo Jha,
9.   Phekni Devi, W/o- Ram Sah,
10. Vijay Shankar Chaudhry, S/o Jivach Chaudhry
11. Shailendra Kumar Chaudhry, S/o Triveni Chaudhry null
12. Vimal Kant Chaudhry, S/o Late Rajeshwar Chaudhry
13. Ram Bharos Sah, S/o Bhagvani Sahi
14. Manikant Chaudhry, S/o Parmeshwar Chaudhry
15. Kari Matho, S/o Late Guneshwar Mahto
16. Narayan Thakur, S/o Ghuneshwar Thakur
17. Nirmal Devi W/o Kari Sah
18. Chano Devi, W/o Buchi Sah
19. Mani Roy, S/o Babu Narayan Roy
20. Bhairav Chaudhry, S/o Sarva Narayan Chaudhry
21. Ramkinkar Chaudhry, S/o Sarva Narayan Chaudhry
22. Shanshikant Chaudhry, S/o Babuy Sahed Chaudhry
23. Pramila Devi W/o Virendra Singh
24. Dileep Singh, S/o Sitaram Singh
25. Shankar Das S/o Dhodhya Das
26. Yugeshwar Das S/o Dhodhya Das
27. Vidya Nand Khan S/o Narayan Khan
28. Diwakar Khan S/o Aditya Khan
29. Sudhanshu Khan S/o Prabhakar Khan
30. Shashikant Chaudhry S/o Suya Narayan Chaudhry null
31. Ramesh Chaudhry, S/o Late Saleshwar Chaudhry
32. Rajan Kumar Sah, S/o Late Jageshwar Sah
33. Nathuni sah, S/o Chhathu Sahu
34. Navven Kumar Chaudhry, S/o- Sudhir Kumar Chaudhry
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           35. Harekrishna Thakur s/o Magnu Thakur
           36. Mahadev Thakur, S/o visheshwar Thankur
           37. Rameshwar Sah, S/o Badri Sah
           38. Ram Shankar Chaudhry S/o Ugant Narayan Chaudhry
           39. Nunu Chaudhry, S/o Lxmi Kant Chaudhry,
           40. Buchhiu Chaudhry, S/o Lakshmikant Chaudhry.
           41. Rajendra Chaudhry, S/o Late Harshit Narayan Chaudhry
           42. Manju Devi, W/o Ram Padarth Chaudhry
           43. Rampukar Das, S/o Late Tetar Das
           44. Manohar Ram, S/o Late Hari Ram All are residents of village- Gandual, P.O-
               Baghwa, P.S.- Jalai, Block- Mahisi, District- Saharsm, Pin- 852216

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State Of Bihar and Ors
           2.    The Director, Land Acquisition, Directorate of Dept. of revenue and Land
                 reforms Bihar Patna.
           3.    That District Magistrate/ Collector Saharsa.
           4.    The Additional collector, Sharsa
           5.    The District Land Acquisition officer, Saharsa
           6.    The Circle Officer, Block- Mahishi, District- Saharsa.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Shashank Shekhar Jha, Adv.
                 For the Respondent/s    :        Mrs. Nutan Sahay, AAG 12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   03-02-2026                   Heard Mr. Shashank Shekhar Jha, learned counsel for

                   the petitioners and Mrs. Nutan Sahay for the State.

                               2. The present application has been preferred for the

                   following relief(s):

                                                       (i) Issuance of a writ/direction
                                             including a order of writ in the nature of
                                             mandamus commanding the respondents to
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                                 release the compensation amount of the
                                 acquired land according to market value
                                 after rectification of type of land as
                                 'residential' by the Govt. of Bihar at Village-
                                 Gandaul, Than No.-72, Anchal Mahishi,
                                 District- Saharsa, which is acquired for
                                 construction of Link road with R.C.C. Bridge
                                 as enhancement breath of of the existing
                                 Road (State Highway) No. 17.
                                              (ii) Issuance a direction also to of
                                 follow all the procedure Acquisition in
                                 accordance        with        RFCTLARR-   Act-2013
                                 (Right       to     Fair        compensation    and
                                 Transparency             in     Land    Acquisition,
                                 Rehabilitation and Re-settlement Act-2013)
                                 and classify the type of land as 'Residential
                                 instead of 'Dhanber-2. or Veeth-2'.
                                              (iii) Any other relief/reliefs may be
                                 granted to petitioners as he is found entitled
                                 to in the facts and circumstances of the case
                                 for the ends of Justice.
                      3. The matter relates to Land Acquisition Case No. 04

          of 2013-14 for construction of Link road with R.C.C. Bridge

          over Kosi river. The petitioners’ claim is that their lands also

          were part of the compensation.

                      4. It is to be noted that altogether 44 petitioners have

          approached this Court in single writ petition and in that

          background, the claim put forward by them have to be
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          adjudicated individually. The document also shows that notices

          were issued to them individually, though they chose to submit

          objection by way of representation of altogether 79 persons.

                      5. Learned State Counsel submits that notices were

          issued, it is not the further claim of the petitioner that award has

          not    been     prepared       and     if   they     have   not   provided

          documents/payment not taken, they have to move before

          appropriate authority challenging the award.

                      6. This Court is also of the view that the Government

          by way of advertisement took steps for the acquisition of the

          land, petitioners were individually noticed, they should have

          moved forward along with their separate documents to satisfy

          the authority so that appropriate compensation is extended to

          them. In case, they have any objection, would have moved

          before appropriate authority.

                      7. As no further development is on record, the writ

          petition is disposed of with the following observations:

                                      (i) if the petitioners have received the
                          award with/without protest, the remedy lies before
                          appropriate       authority        for   enhancement    of
                          compensation;
                                      (ii) if pursuant to the said notice, they
                          have not forwarded their claim, are required to
                          submit their individual document to satisfy the
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                                     authority both on the bonafide of their claim as
                                     also the upgradation of category.
                                 8. It goes without saying that if such individual

                     petitions come, the same has to be taken to its logical

                     conclusion.

                                 9. The writ petition is disposed of with aforesaid

                     observations.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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