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Patna High Court

Md. Sultan AlamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the Divisional Commissioner to take up and dispose of the pending case on an urgent basis, thereby granting the mandamus relief.

Summary

Petitioner Md. Sultan Alam filed a writ petition seeking a mandamus directing the Divisional Commissioner, Purnea, to adjudicate and dispose of his pending land acquisition compensation case (Case No. 246/2022) on a priority basis. The petitioner alleged undue delay causing pecuniary loss. The State counsel indicated that the case would be concluded at the earliest if not already disposed. The Court, after hearing, ordered the Divisional Commissioner to take up and dispose of the pending case promptly, and held that if the case remains unresolved, the writ petition would stand disposed. Consequently, the petition was disposed with a directive to the administrative authority.

Issues considered

  • Whether a writ of mandamus can be issued to compel the Divisional Commissioner to decide a pending land acquisition compensation case.
  • Whether the delay in adjudicating the case amounts to a violation of the petitioner's right to a reasonable time.

Subjects

  • mandamus
  • administrative law
  • land acquisition
  • compensation
  • delay
  • civil writ jurisdiction
  • priority disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5887 of 2024
                 ======================================================
                 Md. Sultan Alam S/o Abdus Saku Alam, resident of Manoharpur, P.O.-
                 Manoharpur, P.S.-Manihari, District-Katihar.
                                                                          ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar through the Principal Secretary, Revenue Department,
                  Govt. of Bihar, Old Secretariat, Patna.
           2.    The Principal Secretary, Revenue Department, Govt. of Bihar, Old
                 Secretariat, Patna.
           3.    The Divisional Commissioner, Purnea.
           4.    The District Land Acquisition Officer, Katihar.
           5.    The Project Director, NHAI, Project Implementation Unit, Purnea at
                 Saheban Hata, P.S.-K. Hat, District-Purnea.
           6.     Banshidhar Choubey, son of Late Hari Shankar Choubey, resident of
                  Kumaipur, P.S.-Mansahi, District-Katihar.
                                                                  ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Bipin Bihari Singh, Advocate
                                                  Mr. Shyama Kant Singh, Advocate
                 For the Respondent/s   :         Mr. Standing Counsel (15)
                 For the NHAI           :         Mr. Sriram Krishna, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   15-04-2026                   Heard Mr. Bipin Bihari Singh, learned counsel for the

                   petitioner and the State.

                                 2. The present petition has been preferred for the

                   following relief(s):

                                                 “for issuance of writ in the nature of

                                    mandamus for commanding and directing the

                                    Divisional         Commissioner           Purnea      to

                                    consider/adjudicate and decide his case bearing

                                    Case No. 246/2022. Md. Sultan Alam vs. The State of

                                    Bihar and others which is pending on priority basis

                                    within a reasonable time fixed by the Hon'ble court

                                    as the claim relate with respect to compensation
          Patna High Court CWJC No.5887 of 2024(2) dt.15-04-2026
                                                      2/2




                                    against damage of construction after completing

                                    process under land acquisition which is prejudicial

                                    to him by way of pecuniary loss and for other

                                    necessary relief/ reliefs to basis of facts and

                                    circumstances of case discussed hereinafter.”

                                3. Learned counsel submits that the petitioner has come

                    with a simple prayer: to dispose of the Case No. 246/2022 (Md.

                    Sultan Alam vs. The State of Bihar and Ors.) pending before the

                    Divisional Commissioner, Purnea.

                                4. There is no counter-affidavit on record but learned

                    counsel for the State submits that if not disposed of, it will be

                    taken to its logical conclusion at an earliest.

                                5. Accepting the words of the learned State counsel and

                    with direction to the concerned Divisional Commissioner, Purnea

                    to take up the Case No. 246/2022 (Md. Sultan Alam vs. The State

                    of Bihar and Ors.) and dispose it of at an earliest, if still not

                    disposed of, the writ petition stands disposed of.



                                                  (Rajiv Roy, J)
Adnan/-

U


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