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Patna High Court

Dinesh SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner must seek relief under Section 64 of the LARA and therefore the writ of mandamus was not granted.

Summary

The petitioner, Dinesh Sah, sought a writ of mandamus directing the State to declare his land, acquired for the Supaul‑Araria New Railway Line project, as commercial and to pay compensation. The land had been classified as agricultural in the acquisition award, but the petitioner argued that the presence of residential buildings, a school and shops made it non‑agricultural. The State respondents contended that the appropriate remedy lay under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (LARA). The Court observed that the petitioner should first approach the concerned authority under the statutory provisions of LARA. Consequently, the Court did not grant the writ of mandamus and directed the petitioner to pursue the remedy under Section 64 within eight weeks.

Issues considered

  • Whether the High Court can issue a writ of mandamus directing the State to re‑classify the acquired land as commercial and award compensation
  • Whether the petitioner must first avail the statutory remedy under Section 64 of the LARA before approaching the Court

Legislation cited

Subjects

  • land acquisition
  • compensation
  • mandamus
  • commercial classification
  • LARA
  • Section 64

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.7632 of 2023
     ======================================================
     Dinesh Sah son of Late Sukhdeo Sah, Resident of Jadia, Police Station-Jadia,
     District-Supaul.

                                                               ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through Principal Secretary, Revenue and Land Reforms
     Department, Government of Bihar, Patna.
2.   The Director, Land Acquisition Directorate, Revenue and Land Reforms
     Department, Government of Bihar, Patna.
3.   The District Magistrate, Supaul.
4.   The District Land Acquisition Officer, Supaul.
5.   The District Public Complaint Redressal Officer, Supaul.
6.   The Circle Officer, Triveniganj, District-Supaul.
7.   Union of India, New Delhi, Construction of Supaul Araria New Rail Line
     Pariyojna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Uday Chand Prasad, Advocate
     For the Respondent/s   :      Mr.Raj Kishore Roy (Gp18)
     For UOI                :      Mr. Anwar Karim, CGC
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
     ORAL JUDGMENT
      Date : 10-03-2026


                  Heard Mr. Uday Chand Prasad, learned counsel for the

     petitioner and Mr. Vivekand Singh, learned counsel for the State.

                 2. The petitioner has preyed for grant of following

     relief:-

                          “1. That this application is being filed
                for issuance of writ in the nature of mandamus
                direction to respondents authority concern to
                pay compensation amount to the petitioner
                against the land bearing Khata No.405 Old 1136
                New Khesra No.2790 Old 2569 New Area 38
Patna High Court CWJC No.7632 of 2023 dt.10-03-2026
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                   decimal situated at Mauza -Jadia, Chadar
                   No.02, Thana No.299, Anchal -Triveniganj,
                   District-Supaul by declaring the land
                   commercial in place of agricultural which was
                   acquitted by the State of Bhar for the purpose of
                   construction of Supaul Araria New Rail Line
                   Pariyojna and any other appropriate order,
                   direction save and except in accordance with
                   law.”

                    3. From the Supaul Araria New Railway Line Project,

       the land of the petitioner (Khesra No.2790 area 33.200) was

       acquired. The Award was prepared putting the land in agricultural

       category.

                    4. Aggrieved, the present petition.

                    5. Learned counsel for the petitioner submits that there

       are residential buildings, school, shops and as such it could not be

       categorized as agricultural.

                    6. A counter affidavit has come on behalf of the State

       respondents duly signed by the District Land Acquisition Officer,

       Supual and they have come up with preliminary objection that

       under Right to Fair Compensation and Transparency in Land

       Acquisition Rehabilitation and Resettlement Act, 2013 (hereinafter

       referred to as ‘LARA), the statutory remedy is available to the

       petitioner under Section 64 of the Right to Fair Compensation and

       Transparency in Land Acquisition Rehabilitation and Resettlement

       Act, 2013.
            Patna High Court CWJC No.7632 of 2023 dt.10-03-2026
                                                       3/3




                                7. This Court is also of the view that the petitioner

                   should approach the concerned authority.

                                8. Learned counsel for the petitioner submits that he

                   shall take appropriate steps and approaching the concerned

                   authority in next 8 weeks.

                                9. If such petition is filed, the Authority shall look into

                   the matter and after noticing the parties, shall be taking the matter

                   to its logical conclusion expeditiously in accordance with law

                   keeping in mind that the writ petition was pending before this

                   Court for the last three years while dealing with delay in filing the

                   petition.




                                                                    (Rajiv Roy, J)
sanjeev/-


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