Patna High Court
Purnendu Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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
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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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