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Patna High Court

Arvind Kumar Amar @ Arvind Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner’s title claim is valid and the State must be approached for land acquisition, but the writ petition is disposed without ordering compensation.

Summary

The petitioner, Arvind Kumar Yadav, claimed ownership of a 7‑bigha plot in Madhepura district, which he purchased in 1965 and for which a title appeal (No.01/1998) was decided in his favour. The State of Bihar had utilized the land for public infrastructure such as a road, drainage, flood shelter, Anganbari and housing without providing any compensation. The petitioner filed a writ petition seeking a direction to the State to initiate land acquisition under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and to award market‑rate compensation. The court observed that the title appeal was upheld and not challenged by the State, and therefore the petitioner’s claim must be considered. The court directed the petitioner to approach the Collector, Madhepura, with supporting documents and noted the presence of an additional appellant not listed in the present petition. The writ petition was subsequently disposed without a direct order for compensation.

Issues considered

  • Whether the petitioner is entitled to compensation for the land utilized by the State without payment.
  • Whether the State should be directed to initiate land acquisition proceedings under the 2013 Act.
  • Whether the presence of an additional appellant not originally part of the petition requires notice.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013
  • title suit
  • writ petition
  • property rights

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8990 of 2024
                 ======================================================
                 Arvind Kumar Amar @ Arvind Kumar Yadav Son of Maheshwar Prasad
                 Yadav Resident of Village Tintanga Karari, P.S. Gopalpur, District-
                 Bhagalpur, at present Resident of Mohalla Sharda Nagar, Near Post Office,
                 P.O.Purnea, P.S.-Purnea Sadar, District- Purnea.

                                                                            ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Revenue and
                 Land Reforms Department, Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Revenue and Land Reforms Department,
                 Government of Bihar, Patna.
           3.    The Collector, Madhepura,
           4.    The District Land Acquisition Officer, Madhepura.
           5.    The Circle Officer Anchal- Chousa, District- Madhepura.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Gaurav Govind, Advocate
                 For the Respondent/s   :     None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   12-05-2026                 Heard learned counsel for the petitioner. There is no

                   representation on behalf of the State.

                               2. The present writ petition has been preferred for

                   grant of following reliefs:

                                                 “for directing the respondents State to
                                    initiate a land acquisition proceeding under the
                                    provisions of Right to Fair Compensation and
                                    Transparency in Land Acquisition Rehabilitation
                                    and Resettlement Act, 2013 and provide adequate
                                    compensation at prevalent market rate for the
                                    lands belonging to the petitioner which has been
                                    already utilized by them by constructing road,
Patna High Court CWJC No.8990 of 2024(2) dt.12-05-2026
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                            drainage, Flood Shelter Centre, Anganbari
                            Centre Indira Awas and by distributing parchas
                            to different persons.
                                          ii. for issuance of direction to which
                            the petitioner may be found entitled to in the facts
                            and circumstances of the case.”
                      3. Learned counsel for the petitioner submits that a

          piece of land, details of which has been incorporated in

          paragraph 5 was decided in his favour in Title Appeal No.

          01/1998 (Arvind Kumar Yadav & another vs. State of Bihar

          & another). On 22.09.2017, the details of the land as recorded

          in para- 5 read as under:-

                                                   “That Khata No. 337, Plot No.
                                      2248/3, Area 7 Bigha, 11 Kattha and 10
                                      dhur situated at village- Bhatgama,
                                      P.S.- Chausa, Thana No. 103, District-
                                      Madhepura was purchased through a
                                      registered sale deed dated 13.09.1965
                                      from Yogendra Narayan Mahto son of
                                      Adhik Narayan Mahto, Resident of
                                      Village- Shaligrami, District- Munger
                                      and since after purchase, the petitioner
                                      came in actual, physical and peaceful
                                      possession of the same.”
                      4. The submission is that without making any

          compensation it has been utilized by the Government. This

          Court has taken note of the fact and is of the opinion that if the
            Patna High Court CWJC No.8990 of 2024(2) dt.12-05-2026
                                                        3/3




                      title appeal has been decided in his favour and the State has not

                      challenged the said order, the claim of the petitioner has to be

                      considered.

                                  5. In that background, the petitioner is allowed to

                      approach the Collector, Madhepura (Respondent No. 3) along

                      with the petition/ documents to support of his case.

                                  6. This Court has noticed that in the Title Appeal,

                      another appellant Prabhash Chandra Yadav was there who is

                      neither in the list of the petitioner or the respondents in the

                      present case. He/she has to be noticed beside the State

                      respondents by the Collector, Madhepura whereafter reasoned

                      order to be passed in accordance with law.

                                  7. This writ petition stands disposed of with aforesaid

                      observation.



                                                    (Rajiv Roy, J)
Ranjeet/-

U


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