Patna High Court
Kamal BallaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court disposed the petition, directing the petitioner to approach the Collector, who is the appropriate authority to adjudicate the compensation claim.
Summary
Petitioner Kamal Ballani claimed that 1 acre 26 guntas of her raiyati land in Darbhanga were acquired for the Pradhan Mantri Gramin Sadak Yojana without any notice, notification or compensation, allegedly violating the Land Acquisition Act, 2013 and principles of natural justice. She filed a writ petition seeking a mandamus directing the District Magistrate and other officials to pay compensation. The petitioner was advised to approach the Collector, Darbhanga, for redress, and the State had no objection to this approach. The Court examined the enquiry report and held that the Collector is the appropriate authority to consider the grievance and pass a reasoned order after hearing all parties. Consequently, the writ petition was disposed, directing the petitioner to file a representation within eight weeks before the Collector, who must decide the matter preferably by year‑end.
Issues considered
- Whether a writ of mandamus can be issued directing payment of compensation for land acquired under PMGSY without notice.
- Whether the acquisition of the petitioner’s raiyati land violated the Land Acquisition Act, 2013 and the principles of natural justice.
Legislation cited
Subjects
- land acquisition
- compensation
- writ of mandamus
- natural justice
- PMGSY
- Bihar
- collector jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8258 of 2025
======================================================
Kamal Ballani W/o Late Udai Shankar Ballani @ Late Uday Shankar Balani
R/o village Nardaria PO Delahi, PS- Vishanpur Block Hanuman Nagar,
District - Darbhanga., And at 469, Kalpana Nagar, Raisen Marg(Road),
Piplani Huzur, P.O.- Bhel, District- Bhopal, Madhya Pradesh, Pin-462022.
Presently residing c/o Deepak Ballani, House No 1644 Sector 45, Gurugram -
122003
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Land Revenue and
Reforms Department Govt of Bihar Patna.
2. The District Magistrate, Darbhanga.
3. The District Land Acquisition Officer, Darbhanga.
4. The Deputy Collector Land Reforms (DCLR), Darbhanga.
5. The Circle Officer, Hanuman Nagar Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar, Advocate
For the Respondent/s : Mr.Government Pleader (19)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 20-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of a writ in the nature of a
writ of mandamus, commanding respondent
authorities especially respondent no 2 for
payment of compensation towards raiyati
land of petitioner being acquired under
Pradhan Mantri Gramin Sadak Yojna
(PMGSY herein after) of area 1 acre 26
Patna High Court CWJC No.8258 of 2025(3) dt.20-04-2026
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dismils in khesra no 5189 in khata no. 147
situated at mauza Delahi Anchal Hanuman
Nagar District Darbhanga but the same
being acquired in illegal manner without any
notification / notice to the petitioner and not
making any payment / award amount in
accordance with Land Acquisition Act (new)
2013 as the same being in complete violation
of law as well as violation of natural justice;
(ii) for any other relief/(s) applicable in the
facts and circumstances of the case..
3. After some argument, learned counsel for the
petitioner submits that he shall be approaching the Collector,
Darbhanga for the redressal of the grievance as his land has
been used for the purpose of construction.
4. Learned State counsel has no objection.
5. This Court has taken note of the enquiry report
which is part of the counter affidavit and is of the opinion that
the Collector, Darbhanga will the appropriate authority to look
into the matter and pass an order after hearing all the parties
including the State respondent.
6. The writ petition accordingly stands disposed of
Patna High Court CWJC No.8258 of 2025(3) dt.20-04-2026
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allowing the petitioner to file representation in eight weeks
before the Collector, Darbhanga who shall be taking up the
matter and hearing of the parties will dispose of the matter with
a reasoned order preferably by the end of the year.
(Rajiv Roy, J)
Ravi/-
U
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