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Patna High Court

Ravishankar ThakurversusState of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the District Land Acquisition Officer to consider the petitioner's representation and pay the required compensation in accordance with law within six weeks.

Summary

Petitioner Ravishankar Thakur filed a writ petition seeking a mandamus directing the District Land Acquisition Officer (DLAO) to pay fair compensation at commercial rates for his land acquired by the State of Bihar under a perpetual lease. He had already submitted a representation to the DLAO, but no action was taken to adjust the award in line with prevailing market values. The Court noted the petitioner's grievance and ordered the DLAO to consider the representation and ensure payment of the appropriate compensation within six weeks of the order. The direction was intended to prevent further harassment of the petitioner. The writ petition was subsequently disposed of.

Issues considered

  • What relief, if any, can be granted by a writ of mandamus to compel the DLAO to pay compensation at commercial rates for land acquired under a perpetual lease?

Subjects

  • land acquisition
  • compensation
  • mandamus
  • perpetual lease
  • District Land Acquisition Officer
  • commercial rate
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.2660 of 2026
                 ======================================================
                 Ravishankar Thakur Son of Sita Ram Thakur, Resident of Village-
                 Hathiyarwa, P.S. and Anchal-Benipatti, District-Madhubani, at present
                 resident of Village-Simarkon, Basaitha, District-Madhubani, Bihar-847102.

                                                                             ... ... Petitioner/s
                                                     Versus
           1.    State of Bihar through its Principal Secretary, Rural Work Department, Govt.
                 of Bihar, Patna.
           2.    Secretary, Rural Works Department, Government of Bihar, Patna.
           3.    The District Magistrate, Madhubani.
           4.    District Land Acquisition Officer, Madhubani.
           5.    Executive Engineer,        Rural Works    Department,     Benipatti,   District-
                 Madhubani.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Abhineet, Advocate
                 For the Respondent/s   :       Mr. Rajat Kumar Tiwary, AC to SC 24
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   19-02-2026                    Heard Mr. Abhineet, learned counsel appearing on

                   behalf of the petitioner and Mr. Rajat Kumar Tiwary, learned

                   AC to SC 24 for the State.

                               2. Petitioner has inter alia prayed for following reliefs

                   in the paragraphs No.1 of the writ petition:-

                                               “That this is an application praying for issuance
                                  of a writ in the nature of Writ of Mandamus or any other
                                  appropriate writ, order or direction of this Hon’ble Court
                                  commanding the respondent authorities, specially
                                  respondent no.4 to make payment of the fair compensation
                                  at commercial rate to the petitioner, in lieu of his land,
                                  situated at Mauja- Chanapur, Thana-Benipatti, bearing
                                  Khata no.208, plot-206 and Khata No.207, Plot-210
                                  measuring 2.2 decimal, being acquired by the respondent
                                  authorities by way of perpetual lease.”

                              3. Learned counsel appearing on behalf of petitioner
           Patna High Court CWJC No.2660 of 2026(2) dt.19-02-2026
                                                       2/2




                     submitted that for the relief, as prayed for in the present writ

                     petition, the petitioner has already filed representation before

                     the District Land Acquisition Officer, Madhubani, but he has

                     not taken any action for correcting the amount of Award as per

                     the prevailing MVR             applicable in the vicinity, where the

                     petitioner’s land has been acquired.

                                4. Considering the aforesaid submission made on

                     behalf of the petitioner, the District Land Acquisition Officer,

                     Madhubani is directed to consider and dispose of the

                     representation of the petitioner by ensuring payment of required

                     compensation amount to the petitioner in accordance with law,

                     well within a period of six weeks from the date of

                     communication of this order, so that the petitioner may not be

                     harassed.

                                  5. The writ petition is disposed of.



                                               (Purnendu Singh, J)
Sanjay/-

U


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