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Patna High Court

Dilip KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition was dismissed as infructuous because the respondents had already effected a refund of the TDS amount with interest.

Summary

Petitioner Dilip Kumar filed a writ petition seeking an order directing the State of Bihar, the District Magistrate, the Land Acquisition Officer, and NHAI to pay the income‑tax amount of Rs. 426,122 deducted as TDS on his acquired land for the widening of NH‑02, along with interest and to reflect the amount on his PAN. The respondents filed a counter‑affidavit stating that the competent authority had already issued a cheque to refund the TDS amount with interest at 12% per annum. Both parties agreed that the purpose of the petition had been achieved and that the relief sought was no longer required. The Court held that the petition had become infructuous. Consequently, the writ petition was disposed of without further orders.

Issues considered

  • What relief, if any, is available to a landowner for recovery of TDS deducted on compensation for land acquisition?
  • Whether the issuance of a refund cheque by the competent authority renders the writ petition infructuous.

Subjects

  • Tax Deducted at Source
  • TDS refund
  • Land acquisition
  • National Highway Authority of India
  • Writ petition
  • PAN
  • Compensation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2903 of 2026
                 ======================================================
                 Dilip Kumar S/o Late Shiv Narayan Singh, R/o Village Ward no 3, Ishmilpur,
                 PS Sherghat, District Gaya Ji.

                                                                 ... ... Petitioner/s
                                            Versus
           1.    The State of Bihar through Principal Secretary Land Acquisition
                 Department, Govt Of Bihar
           2.    District Magistrate, Gaya.
           3.    Land Acquisition Officer, Gaya.
           4.    National Highway Authority of India through its Director, having its
                 Regional Office at Patliputra Colony Road, Block A, Patliputra, Industrial
                 Area 800043.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Binay Kumar Singh, Adv.
                 For the Respondent/s   :        Mr. Kinkar Kumar (9)
                 For the NHAI           :        Mr. Rajesh Kumar Shandilya, Adv.
                                                 Ms. Ankita Kumari, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   21-04-2026                  Heard the parties.

                               2. The present application has been preferred for the

                   following relief(s):

                                                      i. For issuance of an appropriate
                                            order or direction to the Respondents to pay
                                            the amount of Income tax of Rs. 426122/-
                                            deducted by the Respondents in lieu of
                                            Acquired land of the petitioner for widening
                                            of N.H.-02.
                                                      ii. For further issuance of direction
                                            to the Respondents Authority to pay the
                                            aforesaid amount along with interest on his
                                            PAN Number-AQLPK0833E, as the said
Patna High Court CWJC No.2903 of 2026(3) dt.21-04-2026
                                            2/3




                                 amount is not reflected on his PAN or on His
                                 FORM 26 AS,
                                              iii.   For    further       issuance   of
                                 direction to pay the compensation to the
                                 petitioner for Non-payment of the said
                                 amount on the PAN Account of this petitioner
                                              iv. For any other order or orders
                                 which this Hon'ble Court may deem fit and
                                 proper under the facts and circumstances of
                                 this case.
                      3. Pursuant to the last order, a counter affidavit has

          come on behalf of the respondent nos. 2 and 3 and paragraph 15

          read as follows:

                                               15. That with regard to the
                                  statement made in para-9 of the writ
                                  application, it is further submitted that in
                                  order to ensure that the petitioner, Dilip
                                  Kumar does not suffer any loss due to the
                                  said    inadvertent      error,   the     Competent
                                  Authority-cum- District Land Acquisition
                                  Officer, Gaya has already issued a Bank
                                  Cheque Leaf No. 538167 dated 18/04/2026,
                                  drawn on IndusInd Bank, Gaya to refund the
                                  total sum of TDS (Tax Deducted at Source)
                                  amount of the petitioner along with interest
                                  @ 12% per annum for the delay,
                      4. In that background, the parties agreed to the point

          that the purpose for which the writ petition was filed has been
           Patna High Court CWJC No.2903 of 2026(3) dt.21-04-2026
                                                       3/3




                     achieved. The writ petition has become infructuous.

                                 5. Accordingly, the writ petition is disposed of.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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