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Patna High Court

Pawan Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed of, directing the petitioner to take appropriate steps under the law, without setting aside the arbitrator’s order.

Summary

The petitioner, Pawan Kumar Singh, sought a writ of certiorari to set aside an arbitrator’s order that rejected his claim for enhanced compensation for land acquired for the Ram‑Janki Path NH‑227A project, and a writ of mandamus directing the State and NHAI to pay compensation at the 2013 circle rate of Rs.70,000 per decimal with commercial benefit. The petitioner argued that the land, situated on a main road, is commercial in nature and not ‘Bhith’ (agricultural) land, and that the arbitrator’s award was illegal. The State counsel contended that the petitioner should have approached a civil court instead of the High Court. The High Court, after hearing, disposed of the writ petition, directing the petitioner to pursue appropriate legal steps in accordance with the law, effectively not interfering with the arbitrator’s order. No detailed reasoning on jurisdiction or merits was provided.

Issues considered

  • What is the appropriate forum for challenging the arbitrator’s order rejecting the petitioner’s compensation claim?
  • Can the High Court issue a writ of certiorari to set aside the arbitrator’s order?
  • Can a writ of mandamus be issued directing payment of compensation at the 2013 circle rate with commercial benefit?

Subjects

  • Land Acquisition
  • Compensation
  • Arbitration
  • Writ of Certiorari
  • Writ of Mandamus
  • High Court Jurisdiction
  • National Highways Authority of India

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3355 of 2026
                 ======================================================
                 Pawan Kumar Singh Son of Late Baban Singh, resident of Village-Ageyan,
                 P.S.- Goriyakothi, District- Siwan.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Department of Revenue and Land Reforms,
                 Government of Bihar, Patna.
           3.    The District Magistrate cum Collector, Siwan.
           4.    The District Land Acquisition Officer, Siwan.
           5.    The Block Development Officer, Goriyakothi, District-Siwan.
           6.    The Circle Officer, Anchal-Goriyakothi, District-Siwan.
           7.    The National Highways Authority of India, New Delhi through its Chief
                 Director.
           8.    The Project Director, National Highways Authority of India, Siwan.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Sanjay Kumar Singh, Adv.
                 For the Respondent/s   :         Mr. Additional Advocate General (9)
                 For NHAI               :         Mr. Sanat Kumar Mishra, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   16-03-2026                  Heard the parties.

                               2. The present application has been preferred for the

                   following relief(s):

                                                        (i) to issue a writ of certiorari,
                                            setting      aside       the      order     dated
                                            17.10.2025/12.11.2025 passed by the Court
                                            of Commissioner, Saran Division, Chapra in
                                            Arbitration Appeal Case No. 277/2023,
                                            278/2023,       279/2023,        280/2023    and
                                            Arbitration Appeal Case No. 282/2023
                                            respectively, whereby and where-under the
Patna High Court CWJC No.3355 of 2026(2) dt.16-03-2026
                                            2/3




                                 Arbitration Cases filed by the petitioner for
                                 enhancing the compensation amount of their
                                 acquired land for the project "Ram-Janki
                                 Path Pariyona-NH227A" in L.A. Case No.
                                 42/2021-22, as per its circle rate fixed by the
                                 State Government in the year 2013 i.e.
                                 Rs.70,000/-        per   decimal    along    with
                                 commercial benefit instead of 'Bhith land'
                                 vide Award/Panchat No. 131, 123, 105, 97
                                 and      Award/Panchat      No.98    all    dated
                                 01.03.2023, has illegally been rejected.
                                              (ii) to issue a writ of Mandamus,
                                 commanding and directing the Respondent
                                 authority concern to make payment of
                                 compensation amount to the petitioner at
                                 least as per its circle rate fixed by the State
                                 Government in the year 2013 i.e. Rs.70,000/-
                                 per decimal along with commercial benefit
                                 instead of 'Bhith land' as the acquired land
                                 of the petitioner is situated on SH/NH/PWD
                                 Main Road and its nature is commercial not
                                 'Bhith/agricultural'.
                                              (iii) any other relief/reliefs for
                                 which petitioner is found entitled in facts &
                                 circumstance of the case.
                      3. Learned State Counsel submits that an order has

          been passed by the Arbitrator-cum-Commissioner, Saran

          Division, Chapra on 12.11.2025 and instead of approaching the

          Competent Civil Court, the petitioner has rushed to this Court.
           Patna High Court CWJC No.3355 of 2026(2) dt.16-03-2026
                                                       3/3




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

                     allowing the petitioner to take appropriate steps in accordance

                     with law.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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