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Patna High Court

Urmila DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                 ======================================================
           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
                                                        3/3




                                         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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