Patna High Court
Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed as the matter is pending before the Special Land Acquisition Judge, and the petitioner must seek relief in that forum.
Summary
The petitioner, Sanjay Kumar, filed a writ petition seeking a mandamus directing the State of Bihar and its officials to reassess and revise the compensation awarded for land acquired by Bhoomi Bank under the business purpose rate card slab, and to pay the differential amount with interest. The respondents submitted a counter‑affidavit stating that the same issue is already pending before the Special Judge, Land Acquisition, Biharsharif. The High Court, after hearing, noted that the matter is indeed pending before the Special Judge and that the appropriate course is to allow the petitioner to pursue the relief in that forum. Consequently, the Court disposed of the writ petition, directing the petitioner to file a proper petition before the Special Judge within ten months, attaching the present order. The decision underscores the principle that a higher court will not interfere with proceedings that are pending before a specialized tribunal on the same subject.
Issues considered
- Whether the High Court can entertain a writ petition for mandamus to revise compensation when the same matter is pending before the Special Land Acquisition Judge.
- Whether the High Court has jurisdiction to direct revision of compensation awarded under the business purpose rate card slab.
Subjects
- writ of mandamus
- land acquisition
- compensation revision
- jurisdiction
- pending proceedings
- High Court
- Special Land Acquisition Judge
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.434 of 2025
======================================================
Sanjay Kumar Son of Lala Mahato Resident of Village- Mundipur, P.S.-
Aungaari, P.O.- Ranipur, District- Nalanda- 801301.
... ... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary, Government of Bihar,
Secretariat, Patna.
2. The District Magistrate, Nalanda, Bihar.
3. The Land Acquisition Officer, Nalanda, Bihar.
4. The Adharbhoot Sanrachana Vikas Pradhikaran Bhoomi Bank, through its
Managing Director, Nalanda, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Ojha, Advocate
For the Respondent/s : Mr. Standing Counsel (1)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 16-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“a. Issue a writ of Mandamus directing
the respondents to reassess and revise the
compensation awarded to the petitioner under the
business purpose rate card slab applicable to the
Bhoomi Bank acquisition.
b. Direct the respondents to pay the
differential amount, along with interest, from the
date of acquisition until the date of actual payment.
c. Pass such other order (s) as this
Patna High Court CWJC No.434 of 2025(3) dt.16-03-2026
2/2
Hon'ble Court may deem fit and proper in the
interest of justice.”
3. A counter-affidavit has come on behalf of the State-
respondents duly signed by the Additional Land Acquisition
Officer, Nalanda and learned State counsel has taken this Court to
paragraph-7 to submit that the matter was earlier referred before
the learned Special Judge, Land Acquisition, Biharsharif where
the same is pending.
4. With the consent of the parties, this Court is of the
opinion that as the said matter is presently pending before the
Special Land Acquisition Judge, Biharsharif (Nalanda), it has to
be taken to its logical conclusion, if still is pending.
5. In that background, the writ petition stands disposed
of allowing the petitioner to file proper petition along with the
order of this Court before the concerned Court who shall be taking
the matter to its logical conclusion, if still not concluded, after
hearing all the necessary parties preferably within a period of ten
months from the date, the copy of the order is presented before the
said Court.
(Rajiv Roy, J)
Adnan/-
U
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