Patna High Court
Raj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petitioner must approach the Divisional Commissioner with a proper petition; the writ petition is dismissed.
Summary
Petitioner Raj Kumar Singh challenged the award prepared in connection with Land Acquisition Cases for the Sakardih‑Nasriganj State Highway (S.H.‑81), alleging that the award was made in the name of wrong parties, failed to specify the area of land acquired, mis‑classified residential land as agricultural, and did not determine compensation as per market value under the RFCTLARR Act, 2013, nor pay interest. He sought a writ of mandamus directing the respondents to correct the award, determine market value, amend land classification, and pay interest. The State counsel contended that any grievance must be pursued before the Divisional Commissioner, Patna. The High Court held that the writ petition could not be entertained and directed the petitioner to file a proper petition with supporting documents before the Divisional Commissioner within four weeks. Accordingly, the petition was disposed of.
Issues considered
- Whether the High Court can issue a writ of mandamus directing correction of a land acquisition award.
- Whether the petitioner is required to approach the Divisional Commissioner under the procedural law for grievances against the award.
- Whether the alleged defects in the award (wrong parties, lack of area specification, mis‑classification of land) justify judicial intervention.
Legislation cited
Subjects
- land acquisition
- compensation
- writ of mandamus
- award correction
- mis‑classification of land
- interest on compensation
- RFCTLARR Act 2013
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.798 of 2026
======================================================
Raj Kumar Singh Son of Late Ramjanm Singh, resident of Village-Nonaur,
Ward No. 12, P.O.-Karwasin, P.S.-Sahar, Block-Agiaon, District-Bhojpur
(Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Additional Chief Secretary cum Principal Secretary, Department of
Revenue and Land Reforms, Government of Bihar, Patna.
3. The Additional Chief Secretary cum Principal Secretary, Road Construction
Department, Government of Bihar, Patna.
4. The Director, Department of Revenue and Land Reforms, Government of
Bihar, Patna.
5. The Director, Land Acquisition Department, Government of Bihar, Patna.
6. The District Collector, Bhojpur at Aara.
7. The District Land Acquisition Officer, Bhojpur at Aara.
8. The Circle Officer, Agiaon Circle, Bhojpur.
9. The Bihar State Road Development Corporation, Patna through its
Managing Director.
10. The Divisional Commissioner, Patna Division, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Respondent/s : Mr. Standing Counsel (16)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 22-01-2026 Learned counsel for the petitioner prays for and is
allowed to implead the Divisional Commissioner, Patna as
respondent no. 10 in course of the day.
2. Heard the parties.
3. The present petition has been preferred for the
following relief(s):
“(a) for issuance of a writ in the nature
Patna High Court CWJC No.798 of 2026(2) dt.22-01-2026
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of mandamus directing and commanding the
respondents to make necessary corrections in the
award prepared in connection with Land
Acquisition Case No. 14/5 of 2012-13 as well as L.
A. case no. 10 of 2017-18 for the project Sakardih -
Nasriganj State Highway (S.H.- 81) having been
prepared in the name of wrong parties and that too
without specifying the area of land acquired from
the each parties/ raiyats/ land owners for which
they have entitled for compensation.
(b) For that pass an appropriate order /
direction to the respondents to determine the value
of the acquired lands as per their market value
provided in The Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013.
(c) For that pass an appropriate order/
direction to the respondents to make necessary
amendment in the Award and correct the nature of
land as the acquired lands of the petitioner have
"Residential" in nature whereas the respondents
mentioned in the award as the acquired land is
Patna High Court CWJC No.798 of 2026(2) dt.22-01-2026
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"Agricultural land".
(d) For that pass an appropriate
order/direction to the respondents to pay an
appropriate interest upon the compensation of the
acquired land as the respondents are unnecessary
lingering the matter and have deaf ear on the
discrepancies crept in the Award.
(e) For that issuance of a writ / order /
direction for which the petitioner may be found
legally entitled to under the facts and
circumstances stated herein under.”
4. The matter relates to Land Acquisition Case No. 10
of 2017-18 [Sakardih – Nasriganj State Highway (S.H.-81)] and
the petitioner is aggrieved by the award prepared by the
respondents.
5. Learned State counsel submits that he has to move
before the Divisional Commissioner, Patna, if aggrieved by the
award.
6. In that background, the writ petition stands
disposed of directing the petitioner to file a proper petition with
all the supporting documents before the Divisional
Commissioner, Patna Division, Patna (respondent no. 10) in
Patna High Court CWJC No.798 of 2026(2) dt.22-01-2026
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next four weeks.
7. If such petition is preferred in next four weeks, the
the Divisional Commissioner, Patna Division, Patna (respondent
no. 10) shall take up the matter and dispose it of in accordance
with law.
(Rajiv Roy, J)
Adnan/-
U
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