Patna High Court
Devanand Prasad and AnrversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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
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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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