Patna High Court
Md. Sultan AlamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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