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Patna High Court

Manoj Kumar JhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directs the petitioner to approach the District Land Acquisition Officer, who must hear all parties and decide the objection within six months.

Summary

The petitioner, Manoj Kumar Jha, filed a writ petition challenging the preparation of a Panchayat map that allegedly favoured a private respondent without proper title verification, and seeking direction to halt compensation payment for land acquired for NH‑527‑E. He objected to the compensation order dated 02‑05‑2023 and requested that the District Land Acquisition Officer (respondent No.4) pass a final order on his objection. The State counsel indicated that the petitioner could approach the Land Acquisition Officer with supporting documents and that all claimants, including respondent No.7, would be heard. The Court directed the petitioner to approach the District Land Acquisition Officer, who, as agreed by the State, must notify all concerned parties and resolve the matter within six months. Accordingly, the writ petition was disposed, allowing the administrative process to proceed.

Issues considered

  • Whether the petitioner’s objection to the compensation awarded for land acquired for a highway can be entertained by the Land Acquisition Officer
  • Whether the District Land Acquisition Officer should pass a final order on the objection and halt compensation pending resolution

Subjects

  • land acquisition
  • compensation
  • writ petition
  • public purpose
  • title dispute
  • NH‑527‑E
  • Panchayat map

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.3119 of 2026
                 ======================================================
                 Manoj Kumar Jha Son of Muneshwar Jha, Resident of Village-Nande Nagar,
                 P.S.-Rosra, District-Samastipur.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through its Chief Secretary, Govt. of Bihar, Patna.
           2.    The Addl. Chief Secretary, Revenue and Land Reforms Department, Govt.
                 of Bihar, Patna.
           3.    The Collector, Samastipur, District-Samastipur.
           4.    The Land Acquisition Officer, Samastipur.
           5.    The Deputy Collector, Land Reforms, Rosera, District-Samastipur.
           6.    The Circle Officer, Shivajinagar, District-Samastipur.
           7.    Raj Kumar Mahto, son of Ramchandra Mahto, Resident of Village-Sedukha,
                 P.O.-Shadipurghat, P.S.-Khanpur, District-Samastipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Raja Ram Mishra, Advocate
                 For the State            :        Mr. Addl. Advocate General (05)
                                          :        Mr. Vishwambhar Prasad, AC to AAG-5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   13-03-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                              “(i) to issue direction upon Respondent no.4

                                        to pass final order on the objection of the

                                        petitioner filed on 02-05-2023 with regard to

                                        payment of compensation on account of land

                                        acquired by the Government for the purpose of

                                        construction of NH-527-E measuring 0.3840
Patna High Court CWJC No.3119 of 2026(2) dt.13-03-2026
                                            2/3




                             Acre having Plot no.1239, Khata no.1395,

                             Thana no.43 situated in Mauza- Karian, Circle-

                             Shivajinagar,        District-   Samastipur   as     the

                             Panchat no.32 has been wrongly and illegally

                             prepared in favour of private Respondent Raj

                             Kumar Mahto without going into the title

                             documents and revenue records.

                                         (ii) to issue direction upon the

                             Respondent no.4 to hold the payment of

                             compensation unless the objections of the

                             petitioner is disposed of by the competent

                             authority with regard to right title and interest

                             over the land acquired by the authority as

                             described herein above in para-1 of this petition.

                                         (iii)           to      issue          other

                             order/orders/direction to the ends of justice.”


                      3. After some arguments, learned counsel for the

          petitioner submits that he shall be approaching the respondent

          no.4, the District Land Acquisition Officer, Samastipur

          alongwith all the relevant document to show his bonafide.

                      4. Learned State counsel submits that once he

          approached, he alongwith those who are also claiming including
            Patna High Court CWJC No.3119 of 2026(2) dt.13-03-2026
                                                        3/3




                      respondent no.7 shall be heard and an appropriate order will be

                      passed.

                                  5. In that background, the writ petition is disposed of

                      allowing the petitioner to approach the respondent no.4, the

                      District    Land Acquisition            Officer,   Samastipur   who   as

                      undertaken by learned State counsel shall be noticing all the

                      concerned parties and will take the matter to its logical

                      conclusion at an earliest, preferably within a period of six

                      months.



                                                    (Rajiv Roy, J)
vinayak/-

U


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