Created by Fuzzy Cloud

Patna High Court

Nagendra Kumar YadavversusThe District Magistrate

Decided
Disposal
DISPOSED

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
                                            2/3




                          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.