Patna High Court
Chintaharan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the petition should be disposed after the petitioner files a fresh representation before the District Land Acquisition Officer, who must hear and dispose of the matter per law.
Summary
Petitioner Chintaharan Kumar filed a writ petition seeking a mandamus directing the State and NHAI to prepare a compensation award and pay the market‑rate amount with interest for land acquired for the Bharat Mala Project, or alternatively to declare the acquisition lapsed or issue a fresh award. He alleged that a bona‑fide representation was made before the District Land Acquisition Officer on 12‑07‑2025 but no hearing or award followed. Both the State and NHAI counsel opposed the petition, stating it would be taken to its logical conclusion if proceeded. The Patna High Court observed that the petitioner must file a fresh representation with supporting documents before the District Land Acquisition Officer, who is duty‑bound to hear and dispose of the matter in accordance with law. Accordingly, the writ petition was disposed with this observation.
Issues considered
- Whether the authorities should be directed to prepare a compensation award and pay the petitioner for land acquired for the Bharat Mala Project.
- Whether the delay in payment warrants a declaration that the acquisition has lapsed or a fresh award.
- Whether a writ of mandamus is an appropriate remedy in the circumstances.
Subjects
- land acquisition
- compensation
- mandamus
- Bharat Mala Project
- National Highway Authority of India
- delay
- fresh representation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3909 of 2026
======================================================
Chintaharan Kumar Son of Hitnarayan Ray, resident of Sitalpatti Purvi, P.O.-
Dhaka, P.S.-Chiraiya, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary Land and Revenue Department,
Government of Bihar, Patna.
2. The Commissioner, Tirhut Division, Muzaffarpur.
3. The District Magistrate, East Champaran.
4. The District Land Acquisition Officer, East Champaran.
5. The D.C.L.R., Sikrahana, Dhaka, East Champaran.
6. The Circle Officer, Chiraiya, East Champaran.
7. The National Highway Authority of India through the Chairman, New Delhi.
8. Director, National Highway Authority, Delhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh, Advocate
For the State : Mr. Manoj Kumar Ambastha, SC-26
: Mr. Tripurari Nath Ambastha, AC to SC-26
For the NHAI : Mr. Kumar Goutam, Advocate
: Ms. Priyanshu Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 31-03-2026 Mr. Krishna Kant Singh, learned counsel for the
petitioner and learned counsel representing the State as also
learned counsel for the National Highways Authority of India
(henceforth for short ‘the NHAI’).
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of a writ in the nature of
mandamus directing the concerned respondent
Patna High Court CWJC No.3909 of 2026(2) dt.31-03-2026
2/3
authorities to prepare the award and pay the
compensation to the petitioner at the present
market rate alongwith interest on delayed
payment for the land pertaining to Thana
No.114, Khata No.192, Khesra No.2045, Area-27
Decimal which has been acquired for the
purpose of Bharat Mala Project but till date no
compensation whatsoever has been paid to the
petitioner. Or in the alternatives to hold that the
acquisition has lapsed and as such the land be
made be free from acquisition or to prepare fresh
award.
(ii) for other necessary relief/reliefs to
which the petitioner may be found entitled in the
facts of the case.”
3. Learned counsel for the petitioner submits that
bonafide case has been presented before the District Land
Acquisition Officer, East Champaran, Motihari on 12.07.2025
but has not heard thereafter, forcing him to file the present case.
4. Both the learned State counsel as also learned
counsel representing ‘the NHAI’ submit that if such petition has
been filed, it will be taken to its logical conclusion.
Patna High Court CWJC No.3909 of 2026(2) dt.31-03-2026
3/3
5. This Court would expects that the petitioner file a
fresh representation alongwith supporting document before the
concerned respondent no.4, the District Land Acquisition
Officer, East Champaran, Motihari who is duty bound to hear all
the parties and dispose of the representation of the petitioner in
accordance with law, at an earliest.
6. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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