Patna High Court
Rajendra Singh @ Brahmachari Raj MitraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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(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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