Patna High Court
Sanjay Kumar SinghversusThe Union of India
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed as withdrawn.
Summary
Petitioner Sanjay Kumar Singh filed a writ petition in the Patna High Court seeking a writ to restrain the Union of India, the State of Bihar, NHAI and other authorities from taking possession of his land and to compel payment of full compensation, 100% solatium and interest under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, treating the land as commercial. The petition also sought compensation for the house and shops constructed on the land. The petitioner’s counsel later moved for withdrawal of the petition. The Court entertained the withdrawal application and dismissed the writ petition as withdrawn. No substantive merits of the land acquisition or compensation claims were adjudicated.
Issues considered
- What relief, if any, could be granted to the petitioner regarding the alleged unlawful acquisition of his land?
- Whether the petitioner is entitled to compensation, solatium and interest under the 2013 Land Acquisition Act.
- Whether the petition should be dismissed on the ground of withdrawal.
Legislation cited
Subjects
- land acquisition
- compensation
- solatium
- withdrawal of petition
- Patna High Court
- Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013
- commercial land
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8962 of 2025
======================================================
Sanjay Kumar Singh Son of Late Ram Jyotish Singh, Resident of Village and
P.O. - Bishunpura, P.S. - Bihta, District- Patna.
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Ministry of Road Transport and
Highway, New Delhi.
2. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Bihar, Patna.
3. The National Highway Authority of India through its Project Director,
Project Implementation Unit, Vivekanand Marg, Boring Road, Patna.
4. The Project Director, Project Implementation Unit, NHAI, Vivekanand
Marg, Boring Road, Patna.
5. The District Magistrate, Patna.
6. The Competent Authority cum District Land Acquisition Officer, Patna.
7. The Sub Divisional Officer, Danapur, Patna.
8. The Circle Officer, Bihta, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Purushotam Sharma, Advocate
For the Respondent/s : Mr.Additional Solicitor General
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 12-05-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance an appropriate writ for
directing and commanding the respondents
not to come over and take possession of the
land of petitioner pertaining to Khata No-83,
Thana No-58, Plot No-390 Area 04 Decimal
Patna High Court CWJC No.8962 of 2025(3) dt.12-05-2026
2/3
of Mauza Sri Rampur and Khata No-132
Thana No-57, Plot NO-992, Area 02
Decimal Land of Mauza Bishumberpur
under Circle Bihta over which the House of
petitioner and shops/office are constructed
and standing, without start the acquisition
process of the said land and house etc. of
petitioner in accordance with law as well as
unless and until the petitioner is not paid the
amount of compensation, 100% soletium and
interest at market rate by treating the said
land of petitioner is commercial land,
according to the provisions of Right to Fair
Compensation and Transparency in Land
Acquisition Rehabilitation and Resettlement
Act 2013 (Hereinafter to be referred as the
act 2013);
(ii) for issuance of an appropriate writ,
order or direction directing and
commanding the respondents to pay the
petitioner the amount of compensation,
100% Saletium and interest according to the
Patna High Court CWJC No.8962 of 2025(3) dt.12-05-2026
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provisions of the aforesaid Act 2013 for his
aforesaid land at market rate by treating the
said land of the petitioner as commercial, as
well as for the house of the petitioner and
shops constructed and standing over the said
land before their acquisition in accordance
with law;
(iii.) for any order relief/reliefs of which the
petitioner is legally entitle to.
3. Mr.Purushotam Sharma, learned counsel for the
petitioner prays for withdrawal of the writ petition.
4. Accordingly, the writ petition is dismissed as
withdrawn.
(Rajiv Roy, J)
Ravi/-
U
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