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Patna High Court

Pawan Kumar SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

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,
Patna High Court CWJC No.2976 of 2026(2) dt.10-03-2026
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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
Patna High Court CWJC No.2976 of 2026(2) dt.10-03-2026
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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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