Patna High Court
Jagtarani DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- KHATIM REZA
Holding
The court held that there is no ground to interfere with the impugned order and dismissed the writ petition.
Summary
Petitioner Jagtarani Devi, a bona‑fide purchaser, claimed possession of a 10‑decimal plot for which she had a Land Possession Certificate (LPC) and had built a house. Respondent No. 6, Santosh Kumar Sharma, also asserted possession and produced his own LPC, creating rival claims. The District Land Acquisition Officer, relying on a perfunctory enquiry report, issued an order on 6 January 2026 holding that both parties were in possession and entitled to compensation, and referred the dispute to the competent civil court under Section 3H(4) of the National Highways Act. The petitioner filed a writ petition seeking quash of that order and cancellation of the respondent’s LPC. The High Court examined the order and found no merit to interfere, directing the petitioner to raise her objections before the designated civil court, and disposed of the writ petition.
Issues considered
- Whether the order of the District Land Acquisition Officer holding both parties in possession and referring the matter to a civil court can be set aside by a writ petition.
- Whether the petitioner is entitled to have the Land Possession Certificate issued to the respondent cancelled.
Legislation cited
- National Highways Act — s. 3H(4)
Subjects
- land acquisition
- possession
- Land Possession Certificate
- compensation
- National Highway project
- writ petition
- civil court
- rival claims
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3986 of 2026
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Jagtarani Devi W/o- Mahesh Paswan, Resident of village- Nayagaon,
Nayatola, P.S.- Desari District- Hajipur (Vaishali).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretory, Department of Land
Revenue, Patna (Bihar).
2. The Divisional Commissioner, Hajipur (Vaishali).
3. The District Magistrate cum Collector, Hajipur (Vaishali).
4. The District Land Acquisition Officer, Hajipur (Vaishali).
5. The Circle Officer, Bidhupur, (Vaishali).
6. Santosh Kumar Sharma, Son of Sri. Paltan Sharma, Res. of Village- Rajpur,
Johnpur, P.S. - Patori (O.P) District- Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Kumar, Advocate
For the State : Mr. Binod Kumar Yadav SC-18
For the Respondent no.6 : Mr. Amit Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel appearing on behalf of
Respondent No. 6.
2. The present writ petition has been filed for
quashing the order dated 06.01.2026 (Annexure-9) passed by
the District Land Acquisition Officer, Hajipur (Vaishali)
(respondent no. 4) and for a further direction to the respondent
authorities to cancel the Land Possession Certificate (LPC)
issued in favour of respondent no. 6.
3. Learned counsel for the petitioner submits that the
Patna High Court CWJC No.3986 of 2026(2) dt.31-03-2026
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petitioner is the bona fide purchaser and in possession of land
appertaining to Khata No. 317, Khesra Nos. 114 and 115,
admeasuring a total area of 10 decimals, which was purchased
from Mostt. Manju Devi on 22.01.2021 through a registered sale
deed dated 23.01.2021. It is submitted that after purchase, the
petitioner came in possession of the land and constructed a
residential (karkatnuma) house and has been residing there
along with her family members for the last four years. It is
further submitted that the land has been duly mutated in her
name and rent has been regularly paid to the State Government.
It is further contended that the Circle Officer issued a Land
Possession Certificate (LPC) in favour of the petitioner on
23.04.2025 after due verification. The land, in-question, has
subsequently been acquired under the National Highway Project
(Jadua to Sherpur Section) and the petitioner, being the recorded
raiyat, is entitled to compensation. Learned counsel submits that
despite submission of all relevant documents, respondent no. 6
has raised a false claim over the same land and has produced
LPC leading to rival claims over the same land. It is further
submitted that the Circle Officer, Bidhupur ( respondent no.5),
conducted an enquiry in a perfunctory manner without proper
spot verification or local inquiry and submitted an erroneous
Patna High Court CWJC No.3986 of 2026(2) dt.31-03-2026
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report dated 04.10.2025. Based on such report, the District Land
Acquisition Officer, Hajipur (respondent no.4) passed the
impugned order dated 6.1.2026 (Annexure-9) holding that both
parties are in possession and are entitled to compensation.
4. On the other hand, learned counsel for the State
submits that both the petitioner and respondent no. 6 are
claiming possession over the same land and have allegedly
constructed houses.
5. Having heard the parties and on perusal of the
impugned order dated 6.1.2026 (Annexure-9) it appears that the
authority has relied upon the enquiry report submitted by the
Circle Officer, Bidhupur (respondent no.5), vide Letter No.
1814 dated 04.10.2025, wherein it has been reported that the
actual physical possession of the land could not be clearly
ascertained. On the basis of such finding, the authority has
concluded that it is difficult to determine the rightful raiyat
entitled to receive compensation. Accordingly, the authority has
invoked the provisions of Section 3H(4) of the National
Highways Act and referred the matter to the competent
authority/Civil Court at Hajipur, Vaishali, for deciding the rival
claims of the parties.
6. Having considered the facts and circumstances, this
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Court does not find any ground to interfere with the impugned
order.
7. However, the petitioner is at liberty to raise all her
objections and claims before the competent authority/Civil
Court at Hajipur, Vaishali, in accordance with law.
8. With the aforesaid observations, the writ petition
stands disposed of.
(Khatim Reza, J)
shyambihari/-
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