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Patna High Court

Om Prakash SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the District Land Acquisition Officer to take up the petitioner's representation and dispose of it by a reasoned order.

Summary

Om Prakash Singh filed a writ petition seeking a direction to the State of Bihar to decide his representation dated 18‑12‑2023 concerning compensation for land acquired for the K.V. Power grid. He claimed full compensation for 0.13 decimal of Plot No.304 and 20% compensation for 0.138 decimal of Plot No.323, along with interest on the amounts due. The High Court examined whether the respondents were bound to adjudicate the representation and award the claimed compensation and interest. The Court held that the District Land Acquisition Officer must take up the representation and dispose of it by a reasoned order. Consequently, the petition was disposed with an order directing the DLAO to act at the earliest.

Issues considered

  • Whether the State authorities are obligated to decide the petitioner's representation regarding compensation for land acquired for a power grid project
  • Whether interest is payable on the compensation amount claimed by the petitioner

Subjects

  • land acquisition
  • compensation
  • interest
  • writ petition
  • civil writ jurisdiction
  • power grid
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.5707 of 2024
                 ======================================================
                 Om Prakash Singh Son of Late Baleshwar Singh, Resident of Village -
                 Fatehpur, P.S. - Didarganj, District - Patna.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Revenue and
                 Land Reform Department, Government of Bihar, Old Secretariat, Patna.
           2.    The Joint Commissioner Departmental Inspection, Patna Division, Patna.
           3.    The Director Land Acquisition, Bihar, Patna.
           4.    The Collector, Patna, District- Patna.
           5.    The Additional Collector, Patna, District- Patna.
           6.    The District Land Acquisition Officer, Hindi Bhawan, Chhajjubag, Patna- 1.
           7.    The Additional District Land Acquisition Officer, Hindi Bhawan,
                 Chhajjubag, Patna- 1.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar, Advocate
                 For the State            :       Mr. Kumar Manish, SC-5
                                          :       Mr. Prashant Kumar AC to SC-5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   05-05-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                  “for        issuance    of   an appropriate

                                        writ/writs,   direction/directions directing the

                                        respondents      to     decide/    disposed   of   the

                                        representation (Annexure-3) of the petitioner

                                        dated 18.12.2023 in accordance with law, which

                                        (representation)        reveals    payment    of   full
            Patna High Court CWJC No.5707 of 2024(2) dt.05-05-2026
                                                        2/2




                                         compensation of 0.13 decimal land of plot

                                         No.304 and Khesra No.1186 and also payment of

                                         20% compensation of 0.138 decimal land of Plot

                                         No.323, Khesra No.1196. The said land acquired

                                         for protect 200/132 for construction of K.V.

                                         Power grid. Substitute (Upkendra)           Mauja

                                         Jugharpur, L.A. 07/2008-2009. As there is

                                         latches on part of Respondent for that petitioner

                                         is entitled for up to date interest upon amount

                                         payable to him. And if any other relief/reliefs for

                                         which petitioner is found entitled in the facts and

                                         circumstances of the case.”

                                  3. Let the respondent no.6, the District Land

                      Acquisition Officer, Patna take up the matter/representation of

                      the petitioner and dispose it of by a reasoned order at an earliest.

                                  4. The writ petition is disposed of with the aforesaid

                      observation.



                                                    (Rajiv Roy, J)
vinayak/-

U


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