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Patna High Court

Purnendu Kumar SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court disposed of the writ petition, directing the petitioners to seek compensation by approaching the Collector and District Land Acquisition Officer, without ordering any payment.

Summary

The petitioners, three landowners from Bihta, Patna, filed a writ petition seeking a command that the State of Bihar and related authorities pay them fair compensation with interest for two parcels of land acquired in 2010. They allege that despite the acquisition process commencing over a decade ago, they have not received any compensation. The State counsel and the Bihar Industrial Area Development Authority argued that the petition could be resolved promptly if filed within four weeks, and that the matter should be taken to a logical conclusion. Justice Rajiv Roy observed that, given the prolonged delay, the petitioners should approach the Collector and the District Land Acquisition Officer with supporting documents for redressal. The court disposed of the writ petition, directing the petitioners to seek relief through the administrative channel rather than keeping the case pending in court.

Issues considered

  • What relief, if any, can the court grant to compel the State to pay compensation for land acquired in 2010?
  • Whether the petitioners should be directed to approach the Collector and District Land Acquisition Officer for redressal of their grievance.

Subjects

  • land acquisition
  • compensation
  • writ petition
  • delay
  • statutory duty
  • civil writ jurisdiction
  • administrative remedy

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5920 of 2024
                 ======================================================
           1.     Purnendu Kumar Sharma S/o Kuleshwar Sharma Resident of Village-
                  Raghopur, P.S.- Bihta, District- Patna, Pin- 801103
           2.    Radhey Shyam Sharma S/o Chotan Singh Resident of Village- Amhara, P.S.-
                 Bihta, District- Patna, Pin- 801103
           3.    Nawnit Kumar S/o Ram Udar Singh Resident of Village- Amhara, P.S.-
                 Bihta, District- Patna, Pin- 801103

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Chief Secretary, Government of Bihar, Patna.
           3.    The Principal Secretary, Revenue and Land Reforms Department,
                 Government of Bihar, Patna.
           4.    The Collector, Patna.
           5.    The District Land Acquisition Officer, Patna.
           6.    The Bihar Industrial Area Development Authority through its Managing
                 Director having its office at Udyog Bhawan, East of Gandhi Maidan, Patna.
           7.    The Indian Institute of Technology, Bihta, District- Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhirendra Kumar Jha, Advocate
                                          :       Mr. Diwanshu Kumar, Advocate
                                          :       Mr. Adesh Raj, Advocate
                 For the State            :       Mr. Abbas Haider, SC-6
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   27-04-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                              “(i) for issuance of a command upon the

                                        respondents to discharge their constitutional and

                                        statutory obligation to grant fair compensation

                                        along with interests till the date of payment for
Patna High Court CWJC No.5920 of 2024(2) dt.27-04-2026
                                            2/3




                             acquiring Khesra No. 43 under Khata No. 478,

                             Area 25½ Decimal in village Amhara, Police

                             Station Bihta, District Patna and Khesra No.

                             1178 under Khata No. 312, Area 22 Decimal in

                             village Amhara, Police Station Bihta, District

                             Patna.

                                         (ii) to grant any other relief/reliefs to

                             which petitioner may be found entitled in the

                             facts and circumstances of the case.”


                      3. The land details are already recorded in the prayer

          portion and as such, needs no repetition.

                      4. Though the acquisition process started in the year

          2010, the contention of the petitioners is/are that they have not

          received the single penny and the matter is still pending.

                      5. He however submits that to cut short the battle, the

          petitioners are ready to approach the Collector, Patna/the

          District Land Acquisition Officer, Patna for the redressal of the

          grievance.

                      6. The joint submissions of the learned State counsel

          as also learned counsel representing the Bihar Industrial Area

          Development Authority are that if a petition is filed in next four

          weeks, it will be taken to its logical conclusion at an earliest by
            Patna High Court CWJC No.5920 of 2024(2) dt.27-04-2026
                                                        3/3




                      a reasoned order.

                                  7. Instead of keeping the case pending, as already

                      more than a decade has passed, it would be appropriate that the

                      petitioners moved before the respondent Collector, Patna for the

                      redressal of the grievance alongwith with supporting documents

                      who shall be noticing/hearing all the parties and further shall be

                      taking the matter to its logical conclusion by a reasoned order

                      preferably by the end of the year.

                                  8. The writ petition is disposed of with the aforesaid

                      observation.



                                                    (Rajiv Roy, J)
vinayak/-

U


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