Patna High Court
Abhay Kumar PushpversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR
Holding
The Court held that it will not interfere with the State's policy decisions and dismissed the writ petition.
Summary
A group of petitioners whose land was being acquired for a service road in Dalsinghsarai filed a writ petition seeking a mandamus to amend the acquisition plan, reclassify their land as commercial, and revise the Minimum Variable Rate (MVR) for compensation. The petition also requested correction of records and appropriate compensation. The High Court observed that the issues raised were too broad and pertained to policy decisions of the State, which are not suitable for judicial interference in a writ petition. The Court directed that the petition be disposed of, allowing the petitioners to pursue representation before the concerned authorities, with a directive that any such representation be decided within three months. Consequently, the writ petition was dismissed without any order altering the acquisition plan or compensation calculations.
Issues considered
- Whether the Court can issue a writ of mandamus directing amendment of the service‑road acquisition plan and re‑classification of the land as commercial
- Whether the Court can direct revision of the Minimum Variable Rate (MVR) for compensation in a writ petition
Subjects
- land acquisition
- service road
- writ of mandamus
- compensation
- Minimum Variable Rate
- public interest litigation
- policy decision
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8151 of 2026
======================================================
1. Abhay Kumar Pushp s/o Late Ram Jinesh Roy, resident of Ward No. 15,
Loknathpur Ganj Road, PS Dalsinghsarai, Samastipur.
2. Vinay Kumar Poddar@ Binay Kumar Poddar s/o late Deo Narayan Poddar,
r/o Malgodam Road Chaklokman PS Dalsinghsarai, Samastipur.
3. Dinesh Prasad Yadav, s/o Dhanik Lal Yadav, r/o Ward No. 3 Maheshi PS
Ujiyarpur Samastipur.
4. Amritanshu, s/o Nawal Kishore Sinha, r/o House No. E/4, Professor
Coloney, Aghoriya Bazara, Mushahri Muzaffarpur 842002, Proprietor of
Mangalam Megamart Malgodam Road Chaklokman PS Dalsinghsarai,
Samastipur.
5. Amarkant Choudhary, s/o late Krishnadev Choudhary r/o Ward No. 10, Jayaj
Patti PS Dalsinghsarai, Samastipur.
6. Kaushik Kamal, s/o late Mahedra Sah, r/o Chaklokman Ward No. 8
Dalsinghsarai, PS Dalsinghsarai, Samastipur.
7. Ram Chandra Prasad @ Ram Chandra Lal, s/o late Ram Narayan Lal, r/o
Chak Lokman PS Dalsinghsarai, Samastipur.
8. Braj Kishor Choudhary, Son of Ram Chandra Choudhary, resident of
Kishanpur Tabhka Samartha PS Bibhutipur Samstipur 848160.
9. Kundan Kumar, s/o late Nalin Kumar, r/o Ward No. 2 VIP Coloney
Chaklokman PS Dalsinghsarai, Samastipur.
10. Santosh Kumar Prasad, s/o Chandreshwar Prasad r/o Malgodam Road
Chaklokman Ward No. 9 PS Dalsinghsarai, Samastipur.
11. Jitendra Kumar, s/o late Surendra Prasad, r/o Malgodam Road Chaklokman
Ward No. 9 PS Dalsinghsarai, Samastipur.
12. Madan Mohan Thakur, s/o Chaturbhuj Thakur, r/o Ward No. 6 Laheria Bazar
Bhagwanpur Chakshekhu P.S Dalsinghsarai, Samastipur.
13. Sunil Kumar Singh, s/o late Ramsakal Sudhakar, r/o Ward No. 8, Pandh, PO
Chakbahadduin PS Dalsinghsarai, Samastipur.
14. Sunil Poddar, s/o late Surya Narayan Poddar, r/o Chaklokman PS
Dalsinghsarai, Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Road Construction
Department, Bihar Patna.
2. The Commissioner, Darbhanga
3. The Collector, Samastipur.
4. The District Land Acquisition Officer, Samastipur.
5. The Chief Engineer, Road Construction Department, Bihar Patna.
6. The Superintending Engineer, Road Construction Division Darbhanga.
Patna High Court CWJC No.8151 of 2026(2) dt.24-06-2026
2/3
7. The Executive Engineer, Road Construction Division Darbhanga.
8. The Bihar Rajya Pul Nirman Nigam Ltd., Through its Chairman, 7. Sardar
Patel Marg, Veerchand Patel Road Area, Patna, Bihar 800001.
9. The Chairman, Bihar Rajya Pul Nirman Nigam Ltd. 7, Sardar Patel Marg,
Veerchand Patel Road Area, Patna, Bihar 800001.
10. The Chief Engineer, Bihar Rajya Pul Nirman Nigam Ltd. Darbhanga.
11. The Executive Engineer, Bihar Rajya Pul Nirman Nigam Ltd. Works
Division, Darbhanga Division Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanat Kumar Mishra, Advocate
For the Respondent/s : Mr. Deepak Kumar, Addl. Advocate General 07
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR
ORAL ORDER
2 24-06-2026 Heard Mr. Sanat Kumar Mishra, learned counsel for
the petitioners and Mr. Deepak Kumar, learned counsel for the
State.
2. The writ petition has been filed by the petitioners
with following prayers:-
“(A) For issuance of a Writ of Mandamus (1) for
amending the plan for acquisition and construction of the
Service Road in the Western side of the ROB from Mahavir
Chowk to Railway Crossing No. 32A in Village Chak
Lokman, Thana No. 71 Chadar No. 1 Block Dalsinghsarai
falling in Ward No. 09(old) (new ward no. 26), Dalsinghsarai
Nagar Parishad and for taking only 18 feet from the ROB for
constructing the service road including covered drainage
from Mahavir Chowk to the railway crossing. (II) for taking
measures for correction in the records and Land Acquisition
Notice and consider the land and buildings of the petitioners
as commercial instead of residential in view of the fact that
the said entire stretch is market and shops and shops with
residential houses are standing on the land plots under
acquisition. (III) revise the MVR and calculate the
compensation for the land at the enhanced rate in view of the
fact that the MVR has not been revised after 01.04.2014 and
(B) For issuance of any other writ(s)/
Patna High Court CWJC No.8151 of 2026(2) dt.24-06-2026
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direction(s)/ order(s) which may deem fit in the facts &
circumstances of the case stated hereinafter.”
3. Through this writ petition the counsel for the
petitioners has raised the issue of amendment of a plan and the
issue of MVR to be calculated for the purpose of compensation.
4. Since, the issues of the petitioners are too broad it
can only be addressed in a Public Interest Litigation, I am not
inclined to interfere into the policy decision of the State.
5. In view of the aforesaid, the present writ petition
stands disposed of with the liberty to the petitioners to pursue
their representation before the “Authorities concerned”.
6. It is made clear that if such representation is being
filed before the “Authorities concerned”, the same shall be
disposed of within a period of three months.
(Alok Kumar, J)
khushbu/-
U
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