Patna High Court
Chulhai RaiversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the petitioner must approach the Collector of Patna for redressal, and the Collector shall pass a reasoned order on the compensation claim.
Summary
The petitioner, Chulhai Rai, filed a writ petition seeking compensation for the use of his private raiyati land for a public road constructed by the State without following the procedures of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. He also requested measurement of the land and any other reliefs. The State argued that the petition, if entertained, would lead to a full adjudication. The Court held that the appropriate remedy is for the petitioner to approach the Collector of Patna with the relevant documents. Accordingly, the petition was disposed, directing the petitioner to file an application with the Collector within four weeks, and the Collector to issue a reasoned order by 30‑06‑2026, expediting compensation if the petitioner is found entitled.
Issues considered
- Whether the petitioner is entitled to compensation for the use of his land for a public road without compliance with the 2013 Land Acquisition Act.
- Whether the High Court can directly award compensation or must direct the petitioner to seek relief from the administrative authority.
Legislation cited
Subjects
- land acquisition
- compensation
- public road
- Right to Fair Compensation Act 2013
- administrative remedy
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.977 of 2017
======================================================
Chulhai Rai Son of Late Haribansh Gope, Resident of Village-Sukumarpur,
P.O.-Bhairopur Dyodhi, P.S.-Raghopur, District-Vaishali, Presently resident at
Tedhi Ghat, P.O. P.S.-Khaje Kalan, Patna City, District-Patna
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Secretary, Tourism Department, Bihar, Patna
3. The Commissioner, Patna Division, Patna.
4. The Commissioner, Tirhut Division, Muzaffarpur
5. The Collector, Patna.
6. The Collector, Vaishali.
7. Executive Engineer, Local Area Engineering Organization, Work Division-
1,Patna, Easlier N.R.E.P., Patna-1
8. The Circle Officer, Raghopur, Vaishali
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
: Mr. Shafiur Rahman, Advocate
For the State : Mrs. Nutan Sahay, AC to AAG-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 12-01-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of direction or order
or appropriate writ to the respondents to pay
compensation for the construction of the public
road by the respondents on the private raiyati
land of the petitioner bearing Khata No. 289 and
231 and Khesara No. 842, 843 and 844 in
Patna High Court CWJC No.977 of 2017(3) dt.12-01-2026
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Mauza-Sukumarpur, Revenue Thana-Raghopur
without paying any compensation to the
petitioner or without following any procedure of
land acquisition under Right to Fair
Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement
Act-2013 (hereinafter may be referred as Land
Acquisition Act, 2013).
(ii) for measurement of land to decide
the actual acquisition of land from Khesara No.
842, 843 and 844 for the construction public
road on petitioner raiyati land.
(iii) for grant of any other relief or
reliefs for which the petitioner is entitled to.”
3. The last counter affidavit of the respondent show
that if the land of the petitioner has been used for construction
fo the RCC Road, naturally, if the documents are shown, the
authority is satisfied, he has to be compensated.
4. Learned counsel for the petitioner submits that it
would suffice if he is allowed to approach the Collector, Patna
alongwith all the documents for the redressal of the grievances.
5. Learned State counsel submits that if such petition
Patna High Court CWJC No.977 of 2017(3) dt.12-01-2026
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is preferred, the shall be taken to its logical conclusion.
6. In that background, the writ petition is disposed of
allowing the petitioner to approach the Collector, Patna in next
four weeks. If such petition is filed, the Collector, Patna shall be
taking it up and after hearing the parties, shall be passing a
reasoned order by 30.06.2026.
7. Needless to add, if the petitioner is found to be
entitled to be compensation amount, the process be expedited
for the such payment.
(Rajiv Roy, J)
vinayak/-
U
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