Patna High Court
Alok KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the writ petition was not maintainable and disposed of it, directing the petitioners to approach the appropriate forum for their grievance.
Summary
Alok Kumar and Ram Pukari Sinha filed a writ petition in the Patna High Court seeking a writ of certiorari to set aside notices issued by the National Highway Authority of India under Rule 11 demanding removal of their alleged unauthorized occupancy of land earmarked for the widening of National Highway 77. They also claimed entitlement to compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for the land taken for the project. The respondents, including the State of Bihar and various NHAI officials, opposed the petition. The court, after hearing counsel, granted the petitioners liberty to approach the appropriate competent court for redress and did not entertain the writ petition further. Consequently, the writ petition was disposed of without any order against the respondents.
Issues considered
- Whether the notices issued by the NHAI under Rule 11 demanding removal of alleged unauthorized occupancy can be set aside by a writ of certiorari.
- Whether the petitioners are entitled to compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for the land acquired for the NH‑77 widening project.
Legislation cited
Subjects
- land acquisition
- compensation
- writ of certiorari
- National Highway Authority of India
- NH 77 widening
- unauthorized occupancy
- Right to Fair Compensation Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.864 of 2026
======================================================
1. Alok Kumar Son of Late Bharat Kumar Sinha, resident of village- Morsand,
Ward No. 10, P.S.- Mursand, District- Sitamarhi.
2. Ram Pukari Sinha, Wife of Late Bharat Kumar Sinha, resident of village-
Morsand, Ward No. 10, P.S.- Mursand, District- Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector, Sitamarhi.
2. The National Highway Authority of India through its Chairperson, Corporate
Office G-5 and 6, Sector- 10, Dwarka, New Delhi- 110075.
3. The Project Director, National Highway Authority of India, Project
Implementation Unit, Pawapuri Vihar 2nd Floor, Bhagwanpur, Muzaffarpur.
4. The National Highway Authority In-Charge at Sitamarhi, Bihar.
5. The District Land Acquisition officer, Sitamarhi.
6. The Sub-Divisional Officer, Sitamarhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Mohan, Advocate
For the Respondent/s : Mr. Standing Counsel (22)
Mr. Sriram Krishna, Advocate
Mr. Prabhat Kumar Singh, Advocate
======================================================
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):
“for issuance of a writ in the nature of
writ of certiorari to set aside the notices vide memo
no. 1407 dated 22.12.2025 issued by the National
Higway Authority under Rule 11 to the petitioners
to remove their unauthorized occupancy within 15
Patna High Court CWJC No.864 of 2026(3) dt.20-04-2026
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days from the receipt of notices as well as Awards
dated 24.07.2023 (Annexure-P/2 & P/3) and
further to direct the respondents to make payment
of adequate and sufficient compensation against
the land of the petitioners situated in (i) Mauja-
Morsand, Khata No. 123, Khesra No. 10222, Area
admeasuring 11½ decimal, (ii) Mauja- Morsand,
Khata No. 123, Khesra No. 10221, 10223, 10788,
Area admeasuring 13% decimal, 9% decimal and 1
decimal respectively and (iii) Mauja- Morsand,
Khata No. 2502, Khesra No. 06887, Area
admeasuring 6% decimal, situated in the district of
Sitamarhi, which has been situated near N.H. 77
and the respondents have taken for for widening
Project and making bye pass of National Highway
No. 77, as per the commercial market rate
prevailing as on the day of final payment of
compensation in view of Memo No.15/DLA/Niti
(Rehabilitation)/07-06-747 dated 13.05.2008 and
Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement
Act, 2013 and further for any relief/reliefs,
Patna High Court CWJC No.864 of 2026(3) dt.20-04-2026
3/3
order/orders in the facts and circumstances of the
case, the petitioners may entitled too.”
3. After some arguments, learned counsel for the
petitioner submits that he shall be approaching the competent
Court for the redressal of the grievance alongwith the limitation
petition.
4. Granting said liberty, the writ petition stands
disposed of.
(Rajiv Roy, J)
Adnan/-
U
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