Patna High Court
Mehta Yogendra SinghversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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