Created by Fuzzy Cloud

Patna High Court

Mehta Yogendra SinghversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed, and the petitioner is directed to approach the appropriate authority for redress.

Summary

Petitioner Mehta Yogendra Singh filed a writ petition seeking Rs.18,51,885 with interest as compensation for damage caused by the acquisition and demolition of his hotel. The State argued that the petitioner must first approach the authority that issued the arbitrator’s order dated 17 March 2015 in Land Acquisition Settlement Case No. 309 of 2013. The court agreed with the State, noting that the arbitrator’s order is the appropriate forum for redress. The petitioner indicated he would approach the concerned authority but had delayed. Considering the petition had been pending since 2017, the court disposed of the writ petition, directing the petitioner to seek relief through the appropriate channel.

Issues considered

  • Whether the petitioner is entitled to compensation for damage caused by land acquisition and demolition of his hotel.
  • Whether the writ petition is maintainable when an arbitrator’s order on the matter exists.
  • Whether the petitioner must approach the appropriate authority/court before seeking relief from this court.

Subjects

  • land acquisition
  • compensation
  • arbitration
  • writ petition
  • jurisdiction
  • delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2621 of 2017
                 ======================================================
                 Mehta Yogendra Singh S/o Late Bulkan Mahto, R/o Mohalla - Mainpura, P.S.
                 Danapur, District - Patna


                                                                             ... ... Petitioner/s
                                                     Versus
           1.    The State Of Bihar
           2.    Land Acquisition Officer, Vaishali, Hajipur
           3.    Arbitrator Cum Addl. Collector, Vaishali, Hajipur


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Deovind Kumar Singh, Advocate
                 For the State            :      Mr. Rishi Raj Sinha, SC-19
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   12-01-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                  “(i) to direct the respondents to make

                                        payment of Rs.18,51,885 with interest to the

                                        petitioner for damage caused during the

                                        acquisition of his land and demolished the Hotel

                                        which was situated on the said land.

                                                  (ii) to grant any other appropriate

                                        relief as the Hon’ble Court may deem fit and

                                        proper as per facts and circumstances of the

                                        case.”
            Patna High Court CWJC No.2621 of 2017(3) dt.12-01-2026
                                                         2/2




                                  3. Learned State counsel has taken this Court to the

                      order dated 17.03.2015 passed by the Arbitrator-cum-Additional

                      Collector, Vaishali, Hajipur in Land Acquisition Settlement Case

                      No. 309 of 2013 (Mehta Yogendra Singh vs. D.L.A.O, Vaishali

                      at Hajipur) to show that the Arbitrator has passed an order

                      against which he has to move before the appropriate

                      authority/court.

                                  4. This Court is in agreement with submission put

                      forward by the learned State counsel.

                                  5. At this stage, learned counsel for the petitioner

                      submits      that   he     shall    be    approaching   the   concerned

                      authority/court for the redressal of the grievance but delay has

                      occurred.

                                  6. The writ petition was pending before this Court

                      since the year 2017 which has to be taken into consideration, if

                      the petitioner prefers any petition in next eight weeks.

                                  7. The writ petition is disposed of with the aforesaid

                      observation.



                                                    (Rajiv Roy, J)
vinayak/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.