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Patna High Court

Rajendra Singh @ Brahmachari Raj MitraversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed, directing the petitioner to seek relief from the Arbitrator cum Divisional Commissioner, Patna.

Summary

The petitioner, Rajendra Singh, filed a writ petition seeking the re‑categorisation of his 2.5‑katha land at Mouza‑Pabhera from agricultural to commercial status, alleging that a 2016 circular issued by the I.G. Registration mandated such re‑classification for land to be acquired under the Bharat Mata Project (NH‑119). He further claimed that the land had been valued at an agricultural rate and demanded compensation at the commercial rate, along with any consequential benefits. The petitioner indicated his intention to approach the Arbitrator cum Divisional Commissioner, Patna, for redress, a stance that was not contested by the State counsel. The Court examined whether a writ could compel the respondents to re‑evaluate the land’s classification and award commercial‑rate compensation. It held that the appropriate forum for such grievance is the designated arbitrator/divisional commissioner, not the High Court. Consequently, the writ petition was disposed, directing the petitioner to seek relief from the arbitrator in accordance with law.

Issues considered

  • Whether the High Court can issue a writ directing the re‑categorisation of land from agricultural to commercial for a highway acquisition.
  • Whether the petitioner is entitled to compensation at commercial rates for land valued at agricultural rates.
  • Whether the petitioner must approach the Arbitrator cum Divisional Commissioner, Patna, for redress of his grievance.

Subjects

  • land acquisition
  • land categorisation
  • compensation
  • agricultural land
  • commercial rate
  • writ petition
  • high court
  • NHAI
  • NH-119
  • Bharat Mata Project

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.7706 of 2024
                 ======================================================
                 Rajendra Singh @ Brahmachari Raj Mitra S/o Late Bhagwan Singh Resident
                 of Village and P.O.- Pabhera, P.S.- Dhanaura, District- Patna.

                                                                       ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the Principal Secretary, Revenue and Land
                 Reforms Department, Patna.
           2.    The Principal Secretary, Revenue and Land Reforms Department, Patna.
           3.    The I.G. Registration, Bihar, Patna.
           4.    The Divisional Commissioner, Patna.
           5.    The Collector, Patna.
           6.    The Land Acquisition Officer, Patna.
           7.    The District Sub-Registrar, Patna.
           8.    The Circle Officer, Patna Sadar, Patna.
           9.    The National Highway Authority of India through its Chairman.
           10. The Executive Engineer, NHAI, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Prashant Kashyap, Advocate
                 For the Respondent/s    :       Mr.Government Advocate 10
                 For the NHAI            :       Dr. Maurya Vijay Chandra, Advocate
                                                 Mr. Gaurav Govinda, Advocate
                                                 Ms. Preety Ranjan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   18-04-2026                 Learned counsel for the petitioner undertakes to

                   remove the defect(s).

                               2. Heard the parties.

                               3. The present petition has been preferred for the

                   following relief/s:

                                             (i) for issuance of appropriate writ(s)

                                             thereby commanding upon the respondents
Patna High Court CWJC No.7706 of 2024(2) dt.18-04-2026
                                            2/3




                                  to review/ recategorise/reevaluate the nature

                                  of land from Agricultural in nature to

                                  Commercial at Mouza- Pabhera, Thana no.-

                                  102, Khata No- 49, Khesra no. 2394 which

                                  has been proposed to be acquired under

                                  Bharat Mata Project NH 119 D for

                                  construction       of   road   from   Aamas     to

                                  Ramnagar at Anchal Dhanarua, Distt, Patna

                                  in light of the circular bearing Letter No.-

                                  10/sa-vargikaran-94/2015-5184                dated

                                  08.10.2016 issued by the respondent no.3

                                  and circulated to all Collectors, Sub-

                                  Registrars, District Registrars and Circle

                                  Officers of the State;

                                  (ii) for consequently issuance of appropriate

                                  writ(s)    thereby      commanding    upon     the

                                  respondents to the petitioner compensation

                                  at commercial rate for pay acquisition of his

                                  land at Mouza-Pabhera, Khata No. 49,

                                  Khesra No.2394, Area- 2.5 kathas, at Anchal

                                  -Dhanara, Distt. Patna which has illegally

                                  been evaluated at agricultural rate;
         Patna High Court CWJC No.7706 of 2024(2) dt.18-04-2026
                                                     3/3




                                           (iii) for grant of all the consequential

                                           benefits to the petitioner which he may be

                                           entitled to in the facts and circumstances of

                                           the Case.

                                3. After some argument, learned counsel for the

                   petitioner submits that he shall be approaching before the

                   Arbitrator cum Divisional Commissioner, Patna for the redressal

                   of the grievance.

                                4. Learned State counsel has no objection to the said

                   stand of the petitioner.

                                5. In that background, the writ petition is disposed of

                   allowing the petitioner to approach the              Arbitrator cum

                   Divisional Commissioner, Patna who shall be passing an order

                   in accordance with the law at an earliest.




                                                 (Rajiv Roy, J)
Ravi/-

U


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