Patna High Court
Pawan Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petitioners must approach the appropriate authority or court for redetermination of compensation, and the writ petition is dismissed.
Summary
The petitioners, a group of landowners, filed a writ petition in the Patna High Court seeking a mandamus directing the State of Bihar and its officials to redetermine the market value of their land acquired under Land Acquisition Case No. 28/2019‑20 for the Pawapuri Vilari project, recalculate compensation, and pay the difference. They relied on the precedent set in Kanti Devi & Anr. v. State of Bihar (CWJC No. 14048 of 2017). The court noted that compensation had already been paid, albeit with objections, and observed that the petitioners are free to approach the appropriate authority or tribunal for further redetermination under the law. The State had no objection to disposing of the writ in line with the Kanti Devi case. Consequently, the High Court dismissed the writ petition, directing the petitioners to pursue their claim before the designated authority.
Issues considered
- Whether the High Court can issue a mandamus directing the State to redetermine market value and pay additional compensation for land acquired under the Land Acquisition Act.
- Whether the petitioners must approach the appropriate authority/tribunal for redetermination of compensation as per existing law.
- Whether the precedent of Kanti Devi & Anr. v. State of Bihar is applicable to the present petition.
Subjects
- land acquisition
- compensation
- market value
- mandamus
- writ petition
- redetermination
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2976 of 2026
======================================================
1. Pawan Kumar Sharma Son of Late Rameshwar Prasad Singh, Resident of
Village Darweshpura, P.O. Badi, P.S. Katrisarai, District - Nalanda.
2. Jayant Kumar, Son of Ramanuj Praveen, Resident of Village Darweshpura,
P.O. Badi, P.S. Katrisarai, District - Nalanda.
3. Pradeep Kumar, Son of Ramlakhan Prasad Sharma, Resident of Village
Lohan, P.O. Lohan, P.S. Sheikhpura, District - Sheikhpura.
4. Aditya Kumar, Son of Anadi Shankar Sharma, Resident of House No. 424/F,
2nd Floor, Shaheed Bhagat Singh Nagar, Pakhowal Road, Basant Avenue,
District Ludhiyana, Punjab.
5. Rakesh Kumar, Son of Sadananda Singh, Resident of Village -
Darweshpura, P.O. Badi, P.S. - Katrisarai, District - Nalanda.
6. Shambhu Sharan Sharma, Son of Arjun Singh, Resident of Village Saidi,
P.O. Badi, P.S. Katrisarai, District - Nalanda.
7. Arvind Kumar, Son of Vrijnandan Singh, Resident of Village Darweshpura,
P.O. Badi, P.S. Katrisarai, District - Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Revenue and Land Reforms Department,
Government of Bihar, Patna.
3. The Secretary, Road Construction Department, Government of Bihar, Patna.
4. The District Magistrate Nalanda At Biharsharif, District-Nalanda.
5. The Additional Collector, Land Reforms, Nalanda At Biharsharif, District-
Nalanda.
6. The Deputy Collector, Nalanda at Biharsharif, District-Nalanda.
7. The District Land Acquisition Officer, Nalanda At Biharsharif, District-
Nalanda.
8. The Circle Officer (C.O.), KatriSarai, District-Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mayank Rukhaiyar, Advocate
: Mr. Himanshu Kumar Akela, Advocate
For the State : Mr. Standing Counsel (8)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 10-03-2026 Heard Mr. Mayank Rukhaiyar, learned counsel for
Patna High Court CWJC No.2976 of 2026(2) dt.10-03-2026
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the petitioner and learned counsel representing the State.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of an appropriate Writ (s) /
Order (s), preferably a Writ in the nature of Writ
of Mandamus, commanding the respondents to
redetermine the market value of the Land of the
Petitioners acquired by the Respondents in L.A.
Case No. 28/2019-20 for expansion of Pawapuri
Vilari (Ghosrawan Chachu Bigah) under village
Darweshpura, Circle Katrisarai, P.S. Katrisarai,
Thana No. 308, District – Nalanda;
(ii) for a Direction upon the
respondents to recalculate the amount of
compensation upon such redetermination of the
market value of the land of the Petitioners
acquired by the Respondents;
(iii) for issuance of an appropriate
Writ (s) / Order (s), preferably a Writ in the
nature of Writ of Mandamus, commanding the
respondents to forthwith pay the difference of
compensation to the Petitioners;
Patna High Court CWJC No.2976 of 2026(2) dt.10-03-2026
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(iv) for any other reliefs for which the
Petitioners are found entitled to.”
3. Learned counsel for the petitioners submit that it
will suffice if the order is passed in line with the CWJC No.
14048 of 2017 (Kanti Devi and Anr. vs. The State of Bihar
and Ors.), disposed of on 14.07.2025 (Annexure P/7 to the
petition).
4. The prayer and order in the Kanti Devi (supra) read
as follows:
“2. The present writ petition has been
preferred for the following relief(s):
A. for issuance of an appropriate writ
order or direction commanding the
respondents to pay the compensation
amount to the petitioners at an
enhanced rate as per claim in
representation dated 06-06-2013,
petition dated 25-08-2014 as well as
20-03-2015 for the land of the
petitioners which has been acquired
under emergent process while
notification dated 06-12-2013 and
declaration dated 09-12-2013
published in District Gazettes bearing
P.R No- 104/2013-14 for construction
of Pawapuri-Ghosrawan Road,
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Situated in village-Ghosrawan, Thana
No-309 -Anchal Giriyak, District-
Nalanda.
B. for issuance of an
appropriate writ order or direction
commanding the respondents to
dispose of the representation dated
06-06-2013 as well as 20-03-2015
filed by the present petitioners along
with others before the District Land
Acquisition Officer Patna, District-
Patna with a prayer to pay the
remaining compensation amount and
also to enhance the rate of the land of
the petitioners.
C. for issuance of an
appropriate writ order or direction
commanding the respondents either to
pay the compensation amount at an
enhanced rate as per claim made in
representation dated 06-06-2013,
petition dated 25-08-2014 as well as
20-03-2015 to the petitioners for the
land of the petitioners which has been
acquired under emergent process or
de notify the said notification by
releasing the land of the petitioners by
handing over the possession over the
land which has been acquired.
D. for issuance of an
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appropriate writ order or direction
commanding the respondents to make
reference of the Land Acquisition
Case No-10 of 2014-2015 to concern
Land Acquisition Judge for re-
evaluation of the land which has been
initiated by the authorities on the
petition filed by the present petitioners
before the District Land Acquisition
Officer Nalanda, District- Nalanda
with a prayer to enhance the rate of
the land of the petitioner.
E. For any other relief or
reliefs for which petitioner is entitled
in the opinion of this Hon'ble High
Court.
3. The documents on record show that
pursuant to the award prepared, payments have
been made, though the case of the petitioners is/are
that they accepted the amount after putting in their
respective objection.
4. In that background, it is open to the
petitioners to approach the Appropriate
Authority/Tribunal/Court in accordance with law if
they believe that the amount that was incorporated
in the award was not justified/in accordance with
Patna High Court CWJC No.2976 of 2026(2) dt.10-03-2026
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the entitlement which they had.”
5. Learned State counsel has no objection to the
disposal of the writ petition in line with the Kanti Devi (supra)
case as recorded above.
6. In that background, the writ petition is disposed of,
in line with the Kanti Devi (supra) case allowing the petitioners
to approach the appropriate authority/court in accordance with
law.
(Rajiv Roy, J)
vinayak/-
U
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