Patna High Court
Abdhesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The petition lacks substantiation and the petitioner is directed to approach the Collector under Section 64 with supporting documents for a referral to the appropriate authority.
Summary
The petitioner, Abdhesh Kumar Singh, filed a writ petition seeking to quash the Collector's order dated 27‑09‑2025 which rejected his claim for compensation on a commercial basis for a piece of land. The petition did not include any documents to substantiate the commercial value of the land. The State, relying on a Joint Inquiry Committee report, contended that the land is barren and not agricultural. The Court noted that the petitioner had not provided any credible evidence and highlighted the remedial provision under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Accordingly, the Court directed the petitioner to file an application before the Collector within two weeks, supporting his claim with relevant documents, so that the matter can be referred to the appropriate authority. The writ application was disposed of on these terms.
Issues considered
- Whether the writ petition for quashing the Collector's order can be entertained in the absence of documentary evidence of the land's commercial value.
- Whether the petitioner is entitled to approach the Collector under Section 64 of the 2013 Land Acquisition Act for a reference to the appropriate authority.
Legislation cited
Subjects
- land acquisition
- compensation
- commercial value
- Section 64
- writ petition
- collector
- barren land
- Right to Fair Compensation Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7746 of 2026
======================================================
Abdhesh Kumar Singh, S/O Arjun Prasad Singh resident of Village- Khaira
(Bishunpur) P.O- Khaira, P.S surajgarha, District- Lakhisarai
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Land and Revenue Deptt.,
Govt. of Bihar, Patna.
2. The General Manager, N.T.P.C Lok Nayak jai Prakash Bhawan, Patna
3. The Collector, Lakhisarai.
4. The Land Acquisition Officer, Lakhisarai.
5. The Circle Officer, Surajgarha, Lakhisarai.
6. The Sub Divisional Officer, Lakhisarai
7. The Assistant Revenue commissioner, Lakhisarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar Singh, Advocate
For the Respondent/s : Mr. Government Pleader (11)
======================================================
CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL ORDER
2 24-06-2026 Heard learned counsel for the parties.
2. This writ application has been preferred for
quashing the order dated 27.09.2025 passed in Miscellaneous
Case No. 01 of 2024 by District Magistrate-cum-Collector,
Lakhisarai, whereby the Collector has rejected claim of the
petitioner for paying compensation of the land on commercial
value.
3. But in the entire writ application petitioner has not
enclosed any document showing or evincing that this piece of
land on which he is claiming compensation of the commercial
Patna High Court CWJC No.7746 of 2026(2) dt.24-06-2026
2/4
value could be corroborated.
4. On the other hand, learned counsel for the State
citing Annexure 3 submits that after due verification and
inquiry, the land in question was found to be a barren land
which appears even not to be an agricultural one. This Joint
Inquiry Committee has very categorically given a finding to the
aforesaid effect.
5. Petitioner’s claim has not been buttressed and
substantiated by any cogent and credible material on record.
6. There is a provision for agitating grievances before
the Competent Authority for making reference to the Authority
under Section 64 of the ‘Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 which stipulates that:-
“64. Reference to Authority.-(1) Any
person interested who has not accepted the
award may, by written application to the
Collector, require that the matter be referred by
the Collector for the determination of the
Authority, as the case may be, whether his
objection be to the measurement of the land, the
amount of the compensation, the person to
whom it is payable, the rights of Rehabilitation
and Resettlement under Chapters V and VI or
the apportionment of the compensation among
the persons interested:
Provided that the Collector shall,
within a period of thirty days from the date of
receipt of application, make a reference to the
appropriate Authority:
Provided further that where the
Collector fails to make such reference within the
Patna High Court CWJC No.7746 of 2026(2) dt.24-06-2026
3/4
period so specified, the applicant may apply to
the Authority, as the case may be, requesting it
to direct the Collector to make the reference to it
within a period of thirty days."
“(2) The application shall state
the grounds on which objection to the
award's taken:
Provided that every such
application shall be made-
(a) if the person making it was
present or represented before the Collector
at the time when he made his award, within
six weeks from the date of the Collector's
award:
(b) in other cases, within six weeks
of the receipt of the notice from the Collector
under Section 21, or within six months from
the date of the Collector's award whichever
period shall first expire:
Provided further that the Collector
may entertain an application after the expiry
of the said period, within a further period of
one year, if he is satisfied that there was
sufficient cause for not filing it within the
period specified in the first proviso.”
7. Proviso to the Section 64 makes it amply clear that the
Collector is duty bound to make a reference to the appropriate
Authority within a period of 30 days from the date of receipt of
such an application.
8. The learned counsel for the petitioner submits and
prays that he may be allowed to approach the Collector for
making reference under Section 64 of the Act (supra).
9. In this backdrop, the petitioner is given liberty to file
an appropriate application before the concerned Authority i.e.
Patna High Court CWJC No.7746 of 2026(2) dt.24-06-2026
4/4
the Collector, Lakhisarai under Section 64 for making a
reference to the appropriate Authority for deciding the claim of
the petitioner with respect to the payment which he is claiming
to be commercial in nature of that piece of land.
10. Petitioner may file such an application within two
weeks henceforth supporting his claims with relevant
documents so that the Collector, Lakhisarai may refer the matter
to the appropriate authority for deciding the claim of the
petitioner regarding commercial nature of the land.
11. This writ application is disposed of in the aforesaid
terms.
(Rana Vikram Singh, J)
Saurabh.kr/
Supratim-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.