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Patna High Court

Gajadhar PrasadversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The Court allowed the petitioners to withdraw the writ petition and disposed of the petition.

Summary

Petitioners Gajadhar Prasad and Sanjay Sharma filed a writ petition in the Patna High Court seeking a court‑directed expedited award of compensation for commercial land acquired for a double‑decker flyover, a re‑classification of the land’s ward rate from residential to commercial, and an interim payment to avert financial hardship. They invoked the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013 and constitutional guarantees of right to livelihood and property. The respondents, including the State of Bihar and various land‑acquisition authorities, opposed the reliefs. After hearing, the petitioners’ counsel requested liberty to withdraw the petition and approach the appropriate authority for redress. The Court, exercising its inherent jurisdiction, granted the liberty to withdraw and consequently disposed of the writ petition without ordering any substantive relief.

Issues considered

  • Whether the Court should direct the LARR Authority to expedite the compensation award within three months
  • Whether the ward classification of the acquired land should be altered from residential to commercial for compensation purposes
  • Whether an interim payment of undisputed compensation should be ordered to prevent financial ruin of the petitioners
  • Whether the petitioners may be permitted to withdraw the writ petition and approach the appropriate authority

Legislation cited

Subjects

  • land acquisition
  • compensation
  • RFCTLARR Act
  • right to property
  • interim relief
  • writ petition
  • withdrawal
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.7473 of 2026
                 ======================================================
           1.     Gajadhar Prasad Son of Late Dudhnath Prasad, Resident of Mohalla- Gandhi
                  Chowk, Ward No. 35, Circle No. 5, P.O.- Chapra, P.S.- Chapra City, District-
                  Saran, Bihar- 841301.
           2.    Sanjay Sharma @ Sanjay Kumar Sharma, Son of Late Prabhunath Sharma,
                 Resident of Mohalla- Gandhi Chowk, Ward No. 35, Circle No. 5, P.O.-
                 Chapra, P.S.- Chapra City, District- Saran, Bihar- 841301.

                                                                             ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the Principal Secretary, Revenue and Land
                 Reforms Department, Government of Bihar, Old Secretariat, Patna- 800015.
           2.    The District Magistrate cum Collector, Saran at Chapra, Collectorate
                 Building, Chapra, District- Saran, Bihar- 841301.
           3.    The District Land Acquisition Officer (DLAO), Saran at Chapra,
                 Collectorate Building, Chapra, District- Saran, Bihar- 841301.
           4.    The Land Acquisition, Rehabilitation and Resettlement (LARR) Authority,
                 Chapra, District- Saran through its Registrar.
           5.    The Executive Engineer, Bihar State Road Development Corporation
                 Limited (BSRDCL), Chapra, District- Saran, Bihar- 841301.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Harsh Kaushal, Advocate
                                               Mr. Yashraj Bardhan, Advocate
                                               Mrs. Annapurna Sinha, Advocate
                                               Ms. Anjali Tulsyan, Advocate
                 For the Respondent/s   :      Mr. Additional Advocate General (7)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   23-06-2026                   Heard Mr. Yashraj Bardhan, learned counsel for the

                   petitioner and the State.

                                 2. The present petition has been preferred for the

                   following relief(s):

                                             “i. For directing the Respondent The

                                    Land Acquisition, Rehabilitation and Resettlement
Patna High Court CWJC No.7473 of 2026(2) dt.23-06-2026
                                             2/4




                          Authority      Authority        (LARR)      to   immediately

                          expedite and conclude the proceedings in (Land

                          Acquisition Case No. 231/2023) LA Case No. 229

                          of 2023 (Gajadhar Prasad vs. State of Bihar) and

                          the related reference case of (Land Acquisition

                          Case No. 231/2023Sanjay Sharma. These cases

                          pertain to the enhancement of compensation for

                          prime commercial lands acquired for the Double

                          Decker        Flyover          construction      at     Mauza

                          PaschimariTelpa.         The      Respondents         must   be

                          directed to pass a final award within a specific

                          time-bound period of three months to prevent

                          further financial ruin.

                                      ii. For directing the District Land

                          Acquisition Officer to execute a formalized

                          reconciliation of the account of compensation

                          based on the commercial circle rate of Ward No. 35

                          instead of the residential rate of Ward No. 38. The

                          technical classification of the land as Ward No. 38

                          is ex-facie erroneous and was done solely to

                          deprive      the     Petitioners       of     their    rightful

                          compensation under the RFCTLARR Act, 2013.
Patna High Court CWJC No.7473 of 2026(2) dt.23-06-2026
                                            3/4




                          Such a reconciliation of the ward classification and

                          account is necessary to uphold the principles of

                          fair market valuation as mandated by law.

                                      iii. Pending final adjudication, this

                          Honorable Court may graciously be pleased to

                          pass a MANDATORY INTERIM DIRECTION

                          commanding the Respondent DLAO to release the

                          undisputed portion of the compensation to the

                          Petitioners. This interim payment is crucial to

                          prevent the absolute financial ruin of the

                          Petitioners, particularly Sanjay Sharma who is a

                          chronic     cardiac      patient    requiring     expensive

                          medical care. Without this immediate relief, the

                          Petitioners will suffer an irreparable loss of their

                          primary      source      of    livelihood   and    physical

                          sustenance.

                                      iv. For any other relief including

                          protection to the Right to Livelihood and Right to

                          Property of the Petitioners as guaranteed under

                          Articles 14, 21 and 300A of the Constitution of

                          India. This Honorable Court holds the inherent

                          and extraordinary power to mold the relief to serve
          Patna High Court CWJC No.7473 of 2026(2) dt.23-06-2026
                                                      4/4




                                    the ultimate ends of justice. The Petitioners

                                    respectfully pray for any such equitable order that

                                    this Court deems fit and proper in the unique facts

                                    of the present case.”

                                3. After some arguments, learned counsel for the

                    petitioner submits that he may be permitted to withdraw the

                    petition with liberty to approach appropriate authority for the

                    redressal of the grievance.

                                4. Granting said liberty, the writ petition stands

                    disposed of.



                                                  (Rajiv Roy, J)
Adnan/-

U


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