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Patna High Court

Subash Yadav @ Subhash YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court disposed of the writ petition without granting the relief of mandamus for payment of compensation.

Summary

Petitioner Subash Yadav, a 67‑year‑old landowner, filed a writ petition seeking a mandamus directing the State of Bihar, the District Land Acquisition Officer and the National Highway Authority of India (NHAI) to pay compensation for land acquired for a highway widening project. He submitted all required documents after a notice dated 06‑08‑2024 but alleges that no compensation has been paid. The Court noted the long delay, the petitioner’s age, and the absence of any counter‑affidavit from the respondents. Relying on the petitioner’s statements, the Court observed that the matter required a decision but did not issue any specific order for payment. Consequently, the writ petition was disposed of without granting the relief sought.

Issues considered

  • Whether the respondents are liable to pay compensation to the petitioner under Section 3H(2) of the National Highways Act, 1956 for the acquired land.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • mandamus
  • National Highways Act
  • delay
  • senior citizen

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.7742 of 2025
                 ======================================================
                 Subash Yadav @ Subhash Yadav son of Late Saryu Yadav, resident of village-
                 Gangti, Police Station-Amas, District-Gaya.

                                                                                ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Collector, District-Gaya.
           2.    The District Land Acquisition Officer-cum-Comptent authority, Gaya.
           3.    The Anchal Adhikari, Amas, District-Gaya.
           4.    The Revenue Officer-cum-Kanungo, Land Acquisition Office, Gaya.
           5.    The National Highway Authority of India through its Competent Authority,
                 National Highway Authority of India, Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Jitendra Prasad Singh, Sr. Advocate
                                          :      Mr. Varun Krishna Singh, Advocate
                                          :      Mr. Venkatesh Kaushik, Advocate
                                          :      Mr. Rajeev Kumar, Advocate
                 For the State            :      Mr. Yogendra Prasad Sinha, AAG-7
                                          :      Mr. Rajeev Kumar Sinha, AC to AAG-7
                 For the NHAI             :      Mr. Amresh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   05-05-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                 “for issuance of a writ in the nature of

                                        mandamus or any other appropriate writ or

                                        writs directing the respondents to pay the

                                        amount of compensation to the petitioner for the

                                        land   acquired    by    the    National      Highway

                                        Authority of India bearing Khata No.331K, Plot
Patna High Court CWJC No.7742 of 2025(2) dt.05-05-2026
                                            2/3




                             No.261 and Plot No.262/1743 situated in

                             Mauza-Manjhauliya, Anchal-Amas, within the

                             District of Gaya with suitable interest without

                             further delay as provided Under Section 3H (2)

                             of the National Highways Act, 1956 (in short

                             N.H. Act) and/or to grant of any other

                             relief/reliefs for which the petitioner is legally

                             entitled in the facts and circumstances of the

                             case.”

                      3. Learned Senior Counsel submits that pursuant to

          the notice issued by the District Land Acquisition Officer, Gaya

          Ji vide notice dated 06.08.2024 (relating to National Highway

          widening), all the documents have been presented but still the

          decision is being awaited.

                      4. Learned State counsel as also learned counsel for

          ‘the NHAI’ submits that if the matter is still pending, it will be

          taken to its logical conclusion.

                      5. Having heard the parties, this Court has taken note

          of the fact that the petitioner is 67 years old, is agitating the

          matter for long, the notice shows that the process was already

          undertaken in the year 2024 and pursuant thereto, the case of the

          petitioner as presented by learned Senior Counsel is that they
            Patna High Court CWJC No.7742 of 2025(2) dt.05-05-2026
                                                        3/3




                      have submitted all the documents, in that background, it is high

                      time that a decision comes and if the petitioner is entitled to the

                      compensation, the same is released immediately.

                                  6. This order has been passed in the backdrop of the

                      fact that there is no counter affidavit on behalf of the

                      respondents and the Court has relied on the statements put

                      forward by the learned Senior Counsel that the payment has still

                      not paid.

                                  7. The writ petition is disposed of with the aforesaid

                      observation.



                                                    (Rajiv Roy, J)
vinayak/-

U


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