Patna High Court
Manju SinhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed as the appropriate remedy lies with the Additional Collector, Patna.
Summary
The petitioners, four siblings, filed a writ petition seeking a declaration that land owned by them and their ancestors is raiyati land and that they be paid compensation for the portion acquired for a Mega Industrial Park at Bihta. They relied on an order dated 09‑09‑2022 from the second appellate authority which had recorded the land as "gair majarua malik" and directed the petitioners to approach the Additional Collector, Patna, for relief. The State counsel argued that the petitioners had delayed for three years and should have complied with the earlier direction before invoking writ jurisdiction. The petitioners contended they would file a petition before the Additional Collector within four weeks, after which a reasoned order could be expected. Justice Rajiv Roy observed that the appropriate remedy lay before the Additional Collector and consequently disposed of the writ petition without granting the relief sought.
Issues considered
- Whether the writ petition is maintainable when the earlier order directs the aggrieved parties to approach the Additional Collector for relief.
- Whether the petitioners are entitled to a declaration of raiyati land and compensation through the writ jurisdiction despite the procedural direction.
Subjects
- raiayati land
- land acquisition
- writ jurisdiction
- compensation
- administrative law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.774 of 2026
======================================================
1. Manju Sinha W/o Late Sachida Nand Sinha, Permanent resident of Village
and Post- Amhara, P.S.- Bihta, District- Patna, State of Bihar- 801103.
2. Ravi Ranjan, S/o Late Sachida Nand Sinha, Permanent resident of Village
and Post- Amhara, P.S.- Bihta, District- Patna, State of Bihar- 801103.
3. Sweta Sinha, D/o Late Sachida Nand Sinha, Permanent resident of Village
and Post- Amhara, P.S.- Bihta, District- Patna, State of Bihar- 801103.
4. Ranu Ranjan, S/o Late Sachida Nand Sinha, Permanent resident of Village
and Post- Amhara, P.S.- Bihta, District- Patna, State of Bihar- 801103.
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector-cum-District Magistrate, Patna.
2. The Collector-cum-District Magistrate, Patna.
3. The Additional Collector, Patna.
4. The District Land Acquisition Officer, Patna.
5. Deputy Collector Land Reforms, Danapur.
6. The Circle Officer, Bihta, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Jha, Advocate
For the Respondent/s : Mr. Standing Counsel (4)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 22-01-2026 Heard Mr. Manish Jha, learned counsel for the
petitioner and the State.
2. The present petition has been preferred for the
following relief(s):
“I. To direct the state officials to declare
the land owned and possessed by the petitioners
and their predecessors as their raiyati land and
upon declaration of the same make payment of the
Patna High Court CWJC No.774 of 2026(2) dt.22-01-2026
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award for the remaining / left over area acquired
by the state authorities for construction of Mega
Industrial Park at Bihta, Patna and
II. To grant any other and further
relief(s) as to which this Honourable Court may
deem fit and proper in the interest of justice.”
3. The petitioners want the respondents to declare the
land in question as their raiyati one and then to grant
compensation.
4. The order dated 09.09.2022 passed by the second
appellate authority has clearly recorded that the land in question
has been found to be gair majarua malik and the DCLR,
Danapur has been recorded as the custodian of the said land.
6. The said annexure-5 clearly shows that if
aggrieved, the petitioners should move before the Additional
Collector, Patna.
7. This order was passed on 09.09.2022, we are in the
year 2026 when the present writ petition has been filed with the
said prayer.
8. Learned State counsel submits that the petitioners
instead of following the direction, he sat over the matter for
three years and now has invoked the writ jurisdiction.
Patna High Court CWJC No.774 of 2026(2) dt.22-01-2026
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9. Learned counsel for the petitioners submit that they
shall be preferring a petition before the Additional Collector,
Patna in next four weeks.
10. If such petition is preferred in next four weeks, the
Additional Collector, Patna shall be taking up the matter and
after hearing the parties, it is expected that the same shall be
taken to its logical conclusion with a reasoned order.
11. The writ petition stands disposed of with aforesaid
observation.
(Rajiv Roy, J)
Adnan/-
U
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