Patna High Court
Sudha KumariversusThe Union of India
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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