Patna High Court
Divakar SinghversusUnion of India
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed; the Collector, Jamui, must conclude the pending Raiyatikaran case concerning the land, and no writ of certiorari is granted to quash the notification.
Summary
Divakar Singh filed a writ petition challenging Notification No. 1020(a) dated 05‑03‑2024 issued under Section 3‑D(2) of the National Highways Act, 1956, which classified his 3‑acre land in Plot 28, Siyatand village as "gairmazarua malik" belonging to the Bihar Government, despite his claim of ownership and possession supported by revenue records and a registered sale deed. He alleged that the authorities failed to consider his objections and evidence, and that the land should be treated as raiyati land, not subject to acquisition for the widening of NH 333A. The respondents, including the Union of India and NHAI, argued that the petition before the Collector (Raiyatikaran Case No. 01 of 2023) should be allowed to proceed to its logical conclusion. The Court examined the revenue officer’s letter confirming the petitioner’s peaceful possession and the pending Raiyatikaran proceedings, and held that the writ petition could not override the administrative process. Consequently, the Court disposed of the petition, directing the Collector of Jamui to conclude the Raiyatikaran case within three months, without granting any interim relief or quashing the notification.
Issues considered
- Whether Notification No. 1020(a) issued under Section 3‑D(2) of the National Highways Act, 1956 is valid despite the petitioner's objections.
- Whether the land in question is "gairmazarua malik" or raiyati land for purposes of acquisition.
- Whether the failure to consider the petitioner's objections and revenue evidence warrants quashing the notification.
- Whether the pending Raiyatikaran proceeding before the Collector should be allowed to determine the land's status before any acquisition.
Legislation cited
- National Highways Act, 1956 — s. 3, 3-D(2)
Subjects
- land acquisition
- National Highway
- rai yati land
- gairmazarua malik
- notification quash
- certiorari
- Raiyatikaran
- revenue records
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6064 of 2025
======================================================
Divakar Singh Son of Late Ram Lakhan Singh Resident of Village- Godaiya,
P.O. and P.S. Simultala, District-Jamui, Bihar.
... ... Petitioner/s
Versus
1. Union of India through Ministry of Road Transport and Highways,
Government of India, Parivahan BHawan, I Sansad Marg, New Delhi.
2. The National Highways Authority of India, G5 and 6, Sector 10, Dwarka,
New Delhi through its Chairman.
3. The District Officer-Cum-Collector, Jamui, Bihar.
4. The Competent Authority Under the National Highways Act. 1956-Cum-
District Land Acquisition Officer, District-Jamui, Bihar.
5. The Additional Collector Land Reforms, District-Jamui, Bihar.
6. The Circle Officer, Jhajha, District-Jamui, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the UOI : Dr. Iti Suman, Advocate
For the NHAI : Mr. Rajesh Kumar Shandilya, Advocate
: Mr. Sanjiv Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 06-07-2026 Heard Mr. Rajiv Kumar Singh, learned Senior
Counsel for the petitioner and Dr. Iti Suman, learned counsel
representing the Union of India as also Mr. Rajesh Kumar
Shandilya, learned counsel representing the National Highway
Authority of India as also learned State counsel.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for the issuance an appropriate writ,
order or direction in the nature of certiorari for
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quashing the part of the Notification No. 1020(a)
dated 05.03.2024 issued under Section 3-D (2)
of the National Highways Act, 1956 by the
Central Government through the Ministry of
Road Transport and Highways declaring its
intention to acquire lands fal'ing in various
villages of Jamui district for
construction/widening of National Highway No.
333A to the extent wherein the land belonging to
the petitioner falling in Plot No. 28 of village
Siyatand, District Jamui has been shown as
"others (Gairmajarua Malik)" and belonging to
the Government of Bihar without considering the
objections duly filed by the petitioner in response
to the earlier notification issued under section 3
C of the Act and also without considering the
evidence adduced by the petitioner containing
extent revenue records showing perfect title and
possession of the petitioner over the lands in
question.
(ii) for the issuance of an appropriate
writ, order or direction holding that the
Patna High Court CWJC No.6064 of 2025(3) dt.06-07-2026
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Petitioner is the owner 3 acres 19.5 decimals of
land pertaining to Plot No. 28, Khata No. 22 in
village Siyatand, Jammui comprising Jamabandi
No. Part No. 7 page No. 8 along with valid
possession thereupon by virtue of purchase done
vide a registered sale deed; and that the land in
question has over the period of time acquired the
nature of a raiyati land and not gairmazarua
malik land.
(iii) for the issuance of an interim
order staying the operation of the Notification
No. 1020(a) dated 05.03.2024 so far as Plot No.
28, Khata No. 22 in village Siyatand, Jammui
comprising Jamabandi No.Part No. 7 page No. 8
is concerned during the pendency of the instant
writ petition.
(iv) for the grant of any other relief or
reliefs which the Petitioner may be found entitled
to in the facts and circumstances of the case.”
3. The details of the land is/are stands incorporate as
under:
“Khata No. 22, Plot No. 28, Than No.29,
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Village-Siyatand, P.S.-Simultala, District-
Jamui.”
4. The matter relates to the widening of the National
Highway No. 333A in which the land of the petitioners have
also been earmarked.
5. Learned Senior Counsel has straight away taken
this Court to the information given by the Circle Officer, Jhajha
to the Deputy Collector Land Reforms, Jamui Sadar, Jamui vide
letter no. 993 dated 21.08.2023 in which the transfer of land as
also issuance of rent receipt stand incorporated and he has
recorded that this is free from the Bihar State Religious Trust
Board and the petitioner is in peaceful possession of the land
(Annexure P/4 to the writ petition). The submission is that now
taking the plea that it is a gair-mazarua malik land, it has
seriously jeopardized his case/compensation amount.
6. He further submits that the petition preferred by the
petitioner before the Collector, Jamui was Registered as
Raiyatikaran Case No. 01 of 2023 (Divakar Singh vs. The State
of Bihar) .
7. The further submission is that despite repeated
objections/representation to all the respondents up to the
Collector, Jamui, no response has come.
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8. It is a joint submission of respondents including the
learned State counsel that the said petition preferred by the
petitioner pending before the Collector, Jamui (respondent
no.3), it will be taken to its logical conclusion.
9. This Court is also of the view that when the
Revenue Authority have looked into the matter and information
has been given to the Deputy Collector Land Reforms as
recorded above, the same can be considered by the highest
authority of the district.
10. In that background, the writ petition is disposed of
directing the Collector, Jamui to take the Raiyatikaran Case
No. 01 of 2023 (as recorded above) to its logical conclusion (if
still not disposed of) at an earliest and after hearing the parties.
The representation be disposed of preferably within a period of
three months from the date the copy of the order handed over to
his/her office.
(Rajiv Roy, J)
vinayak/-
U
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