Patna High Court
Laliteshwar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court disposed of the writ petition without adjudicating the merits, granting the petitioners liberty to approach the appropriate authority for relief.
Summary
Petitioners Laliteshwar Singh and Rajesh Kumar Singh sought a mandamus directing the State of Bihar and its officials to recalculate and pay compensation for land acquired for a road project, alleging that the authorities had taken the entire plots without proper notice and had underpaid compensation based on outdated circle rates. They also requested that a pending representation be considered and compensation paid accordingly. The petitioners' counsel indicated an intention to approach the appropriate authority for redress, while the State counsel raised no objection. The court, without addressing the merits of the compensation claim, granted the petitioners liberty to approach the relevant authority and disposed of the writ petition. No substantive order on compensation or notice was made.
Issues considered
- Whether the court should issue a mandamus directing recalculation and payment of compensation based on current circle rates for land acquired for a road project
- Whether the acquisition of the entire plots without proper notice violates procedural requirements under land acquisition law
- Whether the pending representation dated 04-02-2024 should be considered by the respondents
Subjects
- Land Acquisition
- Compensation
- Writ of Mandamus
- Notice
- Civil Writ Jurisdiction
- Road Construction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5398 of 2024
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1. Laliteshwar Singh Son of Late Sudhanshu Singh Resident of Village-
Chandauli Timha, P.S.- Belsand, District- Sitamarhi, (Bihar).
2. Rajesh Kumar Singh, Son of Late Sudhanshu Singh Resident of Village-
Chandauli Timha, P.S.- Belsand, District- Sitamarhi, (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Govt. of Bihar, Patna.
2. The Collector, Sitamarhi.
3. The Land Acquisition Officer, Sitamarhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tejendra Sinha, Advocate
: Mr. Bijay Kumar Pandey, Advocate
: Ms. Kumari Sudha, Advocate
For the State : Mr. Government Advocate 7
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 18-04-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of an appropriate
Writ/Writs in the nature of Mandamus
commanding and directing upon the
Respondents to re-calculate and make payment
of Compensation according to present circle rate
including the remaining area of these plots
situated in Mauza- Chandauli, Thana No.113
under Belsand Block, District-Sitamarhi i.e.
Patna High Court CWJC No.5398 of 2024(2) dt.18-04-2026
2/3
Khata No. Plot No. Total Area Compensation Unpaid
paid area area
179 1631 78 dec. 50 dec. 28 dec.
178 1802 15 dec. 12 dec. 03 dec.
178 1806 06 dec. Nil 06 dec.
1809 05 dec. 1.5 dec. 3.5 dec.
That, the aforementioned lands have
been acquired by the respondent for construction
of approaching Road for Chandauli Ghat Pul
within Anchal-Belsand, District-Sitamarhi for
which the Respondent gave Notice to the
petitioners only for 50th dec., 12th dec.&1.5th
dec. of lands for acquisition but they acquired
whole area of the concerned plots without
paying compensation and further they acquired
6th dec. of land of plot No. 1806 without any
Notice.
(ii) for issuance of an appropriate
Writ/Writs for direction to the respondent to
dispose the representation dated-04-02-2024
filed by the petitioners for consideration of the
legal and valid claim of the petitioners and
accordingly make payment of compensation
aforesaid.
Patna High Court CWJC No.5398 of 2024(2) dt.18-04-2026
3/3
(iii) for any other relief/reliefs for
which the petitioners are entitled to get in the
facts and circumstances stated above.”
3. Learned counsel for the petitioners submit that he
shall be approaching the appropriate authority/court for the
redressal of the grievance.
4. Learned State counsel has no objection to it.
5. In that background, granting said liberty and
without commenting on the merit of the case, the writ petition is
disposed of.
(Rajiv Roy, J)
vinayak/-
U
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