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Patna High Court

Devanand Prasad and AnrversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

In the absence of a fresh instruction to the State, the Court disposed of the writ petition and directed the petitioners to approach the District Land Acquisition Officer for resolution.

Summary

The petitioners, two brothers, challenged the acquisition of their land for the Sakaddi‑Nasriganj State Road, seeking a writ of mandamus directing the respondents to issue a notice under Section 37(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, so that they could file objections, and also to direct payment of compensation on the basis that the land is homestead land. The respondents filed a counter‑affidavit stating that the land had initially been excluded but was later re‑included following a fresh proposal published in Gazette Notification No. 04 dated 20‑07‑2018. The petitioner’s counsel submitted that no further action had been taken. The Court observed that no fresh instruction was available to the State and, with the parties’ consent, disposed of the writ petition, directing the petitioners to approach the District Land Acquisition Officer with the relevant documents for a final resolution.

Issues considered

  • Whether the respondents are required to issue a notice under Section 37(2) of the 2013 Act to allow the petitioners to object to the land acquisition.
  • Whether the petitioners are entitled to compensation as homestead land under the 2013 Act.
  • Whether a writ of mandamus can be issued directing the respondents to pay compensation and issue the notice.

Legislation cited

Subjects

  • land acquisition
  • mandamus
  • compensation
  • homestead land
  • Section 37(2)
  • Right to Fair Compensation Act
  • writ petition
  • state road
  • objection notice

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.649 of 2017
                 ======================================================
           1.     Devanand Prasad son of Late Ram Govind Sah, resident of Village- Nonaur,
                  P.S.- Sahar, District- Bhojpur.
           2.    Jitendra Prasad, son of Late Ram Govind Sah, resident of Village- Nonaur,
                 P.S.- Sahar, District- Bhojpur.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State Of Bihar
           2.    The District Magistrate-cum-Collector, Bhojpur.
           3.    The District Land Acquisition Officer, Bhojpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Vinay Mistry, Advocate
                 For the Respondent/s   :      Mr. Rishi Raj Sinha -SC-19
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   06-01-2026                 Heard Mr. Vinay Mistry, learned counsel for the

                   petitioner and the State.

                               2. The present petition has been preferred for the

                   following relief(s):

                                             “i) For issuance of a writ in the nature

                                  of Mandamus directing the respondents to issue

                                  notice under Section 37(2) of the Right to Fair

                                  Compensation       and     Transparency        in     Land

                                  Acquisition Rehabilitation and Resettlement Act,

                                  2013 so that the petitioners could filed their

                                  objection in the Land Acquisition Proceeding for

                                  construction of "Sakaddi-Nasriganj State Road" as
Patna High Court CWJC No.649 of 2017(3) dt.06-01-2026
                                            2/3




                          the land of the petitioners was acquired and the

                          measurement was also done by the respondents for

                          the same.

                                       ii) For issuance of a writ in the nature of

                          Mandamus directing the respondents to pay the

                          compensation to the petitioners on the basis of the

                          nature of land and the present market value of the

                          same under the provisions of the Right to Fair

                          Compensation            and   Transparency   in   Land

                          Acquisition Rehabilitation and Resettlement Act,

                          2013 because the land acquired for construction of

                          "Sakaddi-Nasriganj State Road" is a homestead

                          land.

                                       iii) For issuance of such other writ(s),

                          order(s), direction(s) as your Lordships may deem

                          fit and proper.”

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

          respondent nos. 2 and 3 duly signed by the District Land

          Acquisition Officer, Bhojpur according to which, earlier, the

          land of the petitioner was left out but later steps have been taken

          pursuant to the fresh proposal of the Deputy G.M. BSRDC,

          Patna published in Gazette Notification No. 04 dated
          Patna High Court CWJC No.649 of 2017(3) dt.06-01-2026
                                                      3/3




                    20.07.2018.

                                4. Learned counsel for the petitioner submits that till

                    date, nothing has happened in the matter.

                                5. As fresh instruction is not available to the State,

                    with the consent of the parties, the writ petition stands disposed

                    of allowing the petitioner to approach the respondent no. 3, the

                    District Land Acquisition Officer, Bhojpur alongwith all the

                    relevant documents who shall after hearing the parties be taking

                    the matter to its logical conclusion at an earliest.



                                                  (Rajiv Roy, J)
Adnan/-

U


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