Patna High Court
Nagendra Kumar YadavversusThe District Magistrate
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed, and the petitioner is directed to approach the Collector with a fresh petition and supporting documents for redress.
Summary
Petitioner Nagendra Kumar Yadav filed a writ petition seeking compensation for several parcels of land in Nayatol, Sitamarhi, alleging that the respondents were forcibly using the land for the "Bihar Sarkar Kee Jalwayu Hariyali Yojana". He also sought a stay of the scheme's work until compensation was paid. The court heard arguments and noted that the petitioner intended to approach the District Magistrate‑Collector with supporting documents. The State counsel suggested that the grievance should be pursued before the concerned officer. Consequently, the High Court disposed of the writ petition, directing the petitioner to file a fresh petition with all necessary documents before the Collector, who will then pass a reasoned order after hearing the parties.
Issues considered
- Whether the writ petition is maintainable when an alternative administrative remedy is available
- Whether the petitioner is entitled to compensation for the alleged forced use of his land
Subjects
- writ petition
- compensation
- land acquisition
- government scheme
- administrative remedy
- Patna High Court
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3580 of 2026
======================================================
Nagendra Kumar Yadav Son of Jagdeo Yadav, Resident of Village and Post
Nayatol, Police Station Nanpur, District Sitamarhi.
... ... Petitioner/s
Versus
1. The District Magistrate Sitamarhi.
2. The Additional Collector, Sitamarhi.
3. The Deputy Collector, Land Reforms, Sitamarhi.
4. The Sub-Divisional Officer, Sitamarhi.
5. The Circle Officer, Nanpur, District Sitamarhi.
6. The Land Acquisition Officer Sitamarhi
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Nath Dubey, Advocate
For the Respondent/s : Mr. Saroj Kr. Sharma, AC to AAG-3
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 17-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“for issuance of writ/writs, order/orders,
direction/directions to the respondents to pay the
compensation to the Petitioner for the land bearing
Tauzi No. 8396, Old Khata No. 2434 Survey No.
3963(old) New Khesra No. 4662 area 16 decimals,
Khesara No. 4665 area 76 decimals, Khesara No.
4651 area 1.55 decimal and Khesara No. 4653
area 0.82 decimal and old Khata No. 1438,
Patna High Court CWJC No.3580 of 2026(2) dt.17-03-2026
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Khesara No. 3964 area 0.25 decimal new Khesara
No. 4709 area 0.25 decimal, old Khata No. 1433
Khesara No. 3967 area 0.38 decimal, new Khesara
No. 4714, 4713 area 0.38 decimal situated in
village Nayatol, Police Station Nanpur District
Sitamarhi on which the respondents are forcibly
making "Bihar Sarkar Kee Jalwayu Hariyali
Yojana Awam Khel Kud Maidan" and to stay the
work of "Bihar Sarkar Kee Jalwayu Hariyali
Yojana Awam Khel Kud Maidan" till the payment
of compensation and for any other relief/reliefs to
which the petitioner is found entitled to in the facts
and circumstances of the case for the ends of
justice.”
3. After some argument, learned counsel for the
petitioner submits that he will be approaching the District
Magistrate-cum-Collector, Sitamarhi afresh for the redressal of
the grievance alongwith all the connecting documents.
4. Learned State counsel submits that the matter will
be taken to its logical conclusion, if the petitioner approaches
before the concerned Officer.
5. In that background, the writ petition stands
Patna High Court CWJC No.3580 of 2026(2) dt.17-03-2026
3/3
disposed of allowing the petitioner to file a fresh petition
alongwith all the supporting documents to prove his bonafide
over the land in question and the Collector, Sitamarhi, after
noticing the relevant parties/hearing them will be passing a
reasoned order at an earliest.
(Rajiv Roy, J)
Adnan/-
U
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