Created by Fuzzy Cloud

Patna High Court

Sudha KumariversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner should approach the appropriate authority by filing a representation, and therefore did not issue a mandamus.

Summary

Sudha Kumari filed a writ petition seeking a mandamus directing the Union of India and railway authorities to initiate land acquisition of her raiyati land in Mauja Lakshmipur, which was being used without her permission and without compensation. She also demanded compensation at four times the market rate. The petitioner’s counsel requested that the court allow her to approach the appropriate authority by filing a proper representation instead of issuing a writ. The court granted this liberty, holding that the petitioner may seek redress through the appropriate administrative channel. Consequently, the writ petition was disposed without ordering any mandamus or compensation.

Issues considered

  • Whether the court should issue a mandamus directing the respondents to initiate land acquisition proceedings for the petitioner’s raiyati land.
  • Whether the petitioner is entitled to compensation at four times the market rate under any statutory rule.

Subjects

  • land acquisition
  • mandamus
  • compensation
  • rai yati land
  • writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.5635 of 2026
                 ======================================================
                 Sudha Kumari Wife of Abhijeet Kumar, Resident of Sitakund Hasanpur, P.S.
                 Muffasil Munger, District Munger. At present resident of Village Ghoghi, P.S.
                 Piri Bazar, District- Lakhisarai.
                                                                             ... ... Petitioner/s
                                                     Versus
           1.     The Union of India through the General Manager (G.M) Rail Division,
                  Malda.
           2.    The General Manager (G.M) Rail Division, Malda.
           3.    The State of Bihar, through the District Magistrate, Lakhisarai.
           4.    The District Magistrate, Lakhisarai.
           5.    The District Land Acquisition Officer, Lakhisarai.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Pankaj Kumar, Advocate
                 For the Respondent/s   :       Mr. Manoj Kumar Ambastha, SC-26
                                                Mr. Santosh Kumar Mishra, AC to SC-26
                 For the UOI            :       Mr. Sanjay Kr. Bharti, CGC
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   28-04-2026                 Learned counsel for the petitioner prays for and is

                   allowed to correct the name of Mauja as Lakshmipur instead of

                   Lakshimpur.

                               2. Heard Mr. Pankaj Kumar, learned counsel for the

                   petitioner and the State.

                               3. The present petition has been preferred for the

                   following relief(s):

                                               (I) For issuance of an appropriate writ in

                                  the nature of MANDAMUS Commanding and

                                  directing the respondent authorities to initiate a land

                                  acquisition proceeding if not initiated for acquiring

                                  the raiyati land of petitioner which is being used by

                                  respondent General Manager Rail Division Malda
          Patna High Court CWJC No.5635 of 2026(2) dt.28-04-2026
                                                      2/2




                                    without permission of petitioner as well as without

                                    paying any compensation amount against the said

                                    land which is situated in Mauja Lakshmipur

                                    appertaining to Khata No. 62 Khesra No. 77 area 3

                                    5/12 Decimal.

                                                (II) Further for direction to the respondent

                                    authority that after acquiring the land of petitioner

                                    pay the compensation amount as per new rule of

                                    Govt. that is 4th times of market rate.

                                                (III) Further for issuance of any other

                                    writ/writs, order/ orders, direction/directions for

                                    which petitioner shall be found entitled under the

                                    fact and circumstances as stated herein below for

                                    equitable justice.”

                                4. After some arguments, learned counsel for the

                    petitioner submits that it will suffice if he is allowed to approach

                    the appropriate authority by filing a proper representation.

                                5. Granting said liberty, the writ petition stands disposed

                    of.



                                                  (Rajiv Roy, J)
Adnan/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.