Patna High Court
Gajadhar PrasadversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
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
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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
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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
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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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