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Patna High Court

Jiramani DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Having received the compensation and not challenged the final award, the petitioner is not entitled to relief under the writ petition, which is therefore dismissed.

Summary

The petitioner, Jiramani Devi, filed a writ petition seeking certiorari to set aside a title verification order and mandamus directing payment of compensation for land acquired for NH‑98. The NHAI counter‑affidavit disclosed that compensation had already been paid to the petitioner in July 2025 and that the award was final, unchallenged before the arbitrator. The court observed that the petitioner failed to disclose the receipt of compensation and continued to seek relief, constituting suppression and fraud. Since the compensation award is final and the petitioner has not challenged it, she is not entitled to any relief under the writ. The court directed that any grievance regarding other lands not acquired be pursued through a proper petition before the revenue authorities and dismissed the writ petition.

Issues considered

  • Whether a writ petition for certiorari and mandamus is maintainable after the petitioner has received compensation and the award is final.
  • Whether the petitioner’s non‑disclosure of receipt of compensation amounts to fraud, barring relief.
  • Whether the petitioner can claim demarcation of other lands not acquired through the writ petition.

Subjects

  • land acquisition
  • compensation
  • writ petition
  • certiorari
  • mandamus
  • fraud
  • suppression
  • demarcation
  • revenue authorities

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.6072 of 2025
                 ======================================================
                 Jiramani Devi W/o - Gopal Prasad Mahto R/o Vill- Kishunpur Tola,
                 Jaganbigha, PS-Amba, Dis - Aurangabad

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the District Collector, Aurangabad.
           2.    The District Collector, Aurangabad, Dist-Aurangabad.
           3.    The Additional Collector, Aurangabad, Dist-Aurangabad.
           4.    The land Acquisition officer, Dist - Aurangabad.
           5.    The Competent Authority cum Deputy Collector, Land Reforms,
                 Aurangabad, Dist - Aurangabad.
           6.    The Anchal Adhikari, Kutumba Anchal, Dist - Aurangabad.
           7.    The Project Director NHAI, Aurangabad, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Brij Bihari Tiwary, Advocate
                 For the Respondent/s   :       Mr. Kumar Pankaj, AC to SC-5
                 For the NHAI           :       Mr. Sriram Krishna, Advocate
                                        :       Mr. Shashank Shekhar Kunwar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

7   16-03-2026                 Heard Mr. Brij Bihari Tiwary, learned counsel for the

                   petitioner, the State as also Mr. Sriram Krishna representing the

                   National Highway Authority of India (henceforth for short ‘the

                   NHAI’

                               2. The present petition has been preferred for the

                   following relief(s):

                                              “i. In the nature of "certiorari" for

                                  setting aside the order dated 20.12.2024 passed in

                                  the title verification case No. 26/2022-2023 by the
Patna High Court CWJC No.6072 of 2025(7) dt.16-03-2026
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                          Collector, Aurangabad whereby and where under

                          the raiyati claim of the petitioner has been

                          rejected.

                                      ii. In the nature of mandamus also

                          directing      and      commanding   the    respondent

                          authorities for payment of compensation amount to

                          the petitioner for the land which has been acquired

                          by the respondents.

                                      iii. For issuance of any other relief or

                          reliefs for which the petitioner is entitled for.”

                      3. A counter-affidavit has come on behalf of of the

          Deputy Manager (T) of ‘the NHAI’ and Mr. Krishna has taken

          this Court to paragraph-7 which read as under:

                                      “7. That it may be stated that the Award

                          of compensation was passed by the Competent

                          Authority for Land Acquisition (CALA) (respondent

                          no. 5 herein on 03.02.2022 and 03.06.2022. That

                          none of the land owners including the petitioner

                          challenged the said Award dated 03.02.2022 and

                          03.06.2022 before the Arbitrator and therefore the

                          said Award has attained finality.”

                      4. The reply to the said paragraph-7 by the petitioner
Patna High Court CWJC No.6072 of 2025(7) dt.16-03-2026
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          is vague and there is no direct denial to it.

                      5. There is another paragraph of ‘the NHAI’ which

          shows that the petitioner received the compensation amount in

          the month of July 2025 but this fact was never brought to the

          notice of Patna High Court despite the matter being heard

          repeatedly and has been acknowledged only after the counter-

          affidavit came by way of a rejoinder.

                      6. The said paragraph of the counter-affidavit read as

          follows:

                                      “8. That thereafter the payment of due

                          compensation for the lands of the petitioner herein

                          that were acquired for the construction of NH-98

                          was made to the petitioner in the month of July,

                          2025 and therefore the writ petition filed by the

                          petitioner has become infructuous. It is most

                          humbly submitted that even though the petitioner

                          received the compensation amount in the month of

                          July 2025, yet the petitioner obtained a status quo

                          order on 10.10.2025 without divulging this

                          essential fact to this Hon'ble Court. It is most

                          humbly submitted that such conduct on the part of

                          the petitioner deserves to be seriously deprecated
Patna High Court CWJC No.6072 of 2025(7) dt.16-03-2026
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                          as the petitioner is guilty of suppression and fraud

                          because the petitioner cannot ask for a direction

                          for payment of compensation on one hand while on

                          the other hand receive the compensation amount

                          without demur and also obtain a status quo order.

                          It is submitted that such a conduct apart from

                          being a fraudulent one and one of suppression also

                          tantamount to blowing hot and cold in the same

                          breath.”

                      7. The contention of the petitioner is that in the garb

          of the said acquisition, the respondents want to usurp the other

          lands also and a clear demarcation has still not been made. She

          intends to prefer a proper petition before the Revenue

          Authorities in this regard alongwith requisite fee so that her land

          vis a vis the acquired land be demarcated.

                      8. Learned State counsel submits that if such petition

          is preferred, the same will be taken to its logical conclusion.

                      9. This Court has taken note of the entire facts and can

          only show its anguish on the point that when the petition was

          preferred before this Court and compensation amount was

          received by the lady in the month of July 2025, the least that

          was expected from her was to file a supplementary affidavit
          Patna High Court CWJC No.6072 of 2025(7) dt.16-03-2026
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                    acknowledging the same. Instead, she waited for the counter-

                    affidavit and only thereafter, accepted the said fact.

                                10. Having received the compensation amount and not

                    challenging the amount which has become final, she is not

                    entitled to put forward any point relating to the award in

                    question.

                                11. However, if there is genuine grievance regarding

                    her other lands which have not been acquired, as rightly pointed

                    out by the learned State counsel, she can very well prefer a

                    proper petition along with requisite fee before the Revenue

                    authorities who shall be taking the matter to its logical

                    conclusion and any measurement/demarcation so made, must be

                    in the presence of all the stake holders including the petitioner.

                    It is expected that the entire process shall be completed at an

                    earliest.

                                12. With the aforesaid observation, the writ petition

                    stands disposed of.



                                                  (Rajiv Roy, J)
Adnan/-

U


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