Patna High Court
Urmila DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the petitioners are permitted to approach the Arbitrator‑cum‑Divisional Commissioner for relief, and the writ petition is disposed.
Summary
Petitioners Urmila Devi and Dharmshila Devi filed a writ petition seeking compensation for land acquired by the State, contending that the award prepared by the District Collector treated their land as agricultural despite it being residential, and that the award was arbitrary and violated natural justice. They requested that the award be modified to reflect residential valuation, similar to an adjacent landholder's case, and that the authorities consider site reports, sale deeds, and fundamental jurisdiction principles. The State argued that the matter would be resolved in due course. The Court, after hearing, directed that the petitioners may approach the Arbitrator‑cum‑Divisional Commissioner for a decision on the matter, and disposed of the writ petition accordingly.
Issues considered
- Whether the award categorising the petitioners' land as agricultural is arbitrary and violative of natural justice
- Whether the compensation should be calculated on the basis of residential land valuation
- Whether the authorities are obliged to modify the award in line with precedent cases and site-specific evidence
Subjects
- Land Acquisition
- Compensation
- Residential land
- Agricultural land
- Natural justice
- Award modification
- Writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4252 of 2026
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1. Urmila Devi W/o Kashinath Singh, Resident of Ward No. 7, Karup, P.O.
Malwar, Police Station-Shivsagar, District-Rohtas (Sasaram).
2. Dharmshila Devi, W/o Kamal Singh, Resident of Village-Banrasiya, P.O.
Marsaray, District-Rohtas (Sasaram).
... ... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary, Patna, Bihar.
2. The Principal Secretary, Revenue and Land Reforms Department, Govt. of
Bihar, Patna.
3. The District Collector cum Land Acquisition Officer, District-Kaimur.
4. The Anchal Adhikari, Kudra, District-Kaimur.
5. The Divisional Commissioner, Patna Division, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmesh Kumar, Advocate
For the State : Mrs. Archana Meenakshee, GP-6
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 07-04-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(I) to command and direct the
respondents to pay the compensation amount on
the basis of residential land as the respondent
no.3 while directing to prepare award has acted
arbitrarily without complying the principles of
natural justice and has prepared award in two
category of Mauza Sakari 25356 hectare of land
were categorized as agricultural land including
the land of the petitioner and adjacent land
2.3649 hectare land has been categorized as
Patna High Court CWJC No.4252 of 2026(2) dt.07-04-2026
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residential.
(II) to command and direct the
respondents to pay compensation of the acquired
land of the petitioner on the basis of residential
category as has been done in the case of
adjacent land holder Birendra Kr. Singh on the
direction of the Hon'ble Commissioner by order
dated 22.08.2015 by which the adjacent land has
been declared and award has been modified
from Agricultural to residential.
(III) to command and direct the
respondents to modify the award as has been
done in adjacent land holder case vide
Arbitration Case No.5 of 2016, order dated
12.9.2017 passed by the Hon'ble Commissioner.
(IV) to command and direct the
respondents to modify the award after
considering three district and fundamental
jurisdiction principles while determining the
nature of the land i.e. (i) duty to adopt judicial
approach (ii) compliance with the principles of
natural justice particularly application of mind
Patna High Court CWJC No.4252 of 2026(2) dt.07-04-2026
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to the attending facts and circumstances (iii) that
the decision must be based on site report and
sale deed of the surrounding area.
(V) to direct and command the
respondents that while deciding the nature of
land, existing potentially be taken into account.
(VI) any other relief/reliefs for which
petitioner is entitled thereto.”
3. After some argument, learned counsel for the
petitioners submit that they shall be approaching the Arbitrator-
cum-Divisional Commissioner, Patna Division, Patna.
4. Learned State counsel submits that it will be taken
to its logical conclusion at an earliest.
5. Accepting the words of the parties, the writ petition
is disposed of allowing the petitioners to approach the
Arbitrator-cum-Divisional Commissioner, Patna Division, Patna
who shall be disposing it of at an earliest.
(Rajiv Roy, J)
vinayak/-
U
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