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Patna High Court

Manna Prasad SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the petitioners to approach the LARRA and directed the authorities to consider their claim, without granting a writ directing re‑classification of the land.

Summary

The petitioners, a group of landowners in Samadhpura, Darbhanga, challenged the classification of their plots as agricultural by the Collector for compensation under the Baheri Bypass Road scheme. They contended that the land is commercial, as evidenced by sale deeds and revenue records, and that compensation should be calculated at commercial rates, which are higher than agricultural rates. The petition sought a writ directing the Collector to treat the land as commercial and to allow the petitioners to approach the Land Acquisition, Rehabilitation and Resettlement Authority (LARRA) for redress. No opposition was filed by the respondents. The Court disposed of the writ petition, permitting the petitioners to approach LARRA within four weeks and directing the authorities to consider the matter while addressing any limitation issues.

Issues considered

  • Whether the land in question should be classified as agricultural or commercial for the purpose of compensation under the Land Acquisition Act, 2013.
  • Whether the petitioners are entitled to approach the LARRA for redress of their grievance.
  • Whether the limitation period bars the petitioners' claim.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • commercial land
  • agricultural land
  • LARRA
  • writ petition
  • limitation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.9876 of 2025
                 ======================================================
           1.     Manna Prasad Singh Son of Late Ram Bilas Singh, Resident of Samadhpura,
                  P.O. and P.S- Baheri, District- Darbhanga.
           2.    Vijay Kumar Singh Son of Late Raj Kishore Singh, Resident of
                 Samadhpura, P.O. and P.S. Baheri, District- Darbhanga.
           3.    Ram Bahadur Singh Son of Late Ram Kisun Singh, Resident of
                 Samadhpura, P.O. and P.S.- Baheri, District- Darbhanga.
           4.    Umesh Prasad Singh Son of Late Ram Pravesh Singh, Resident of
                 Samadhpura, P.O. and P.S.- Baheri, District- Darbhanga.
           5.    Avinash Kumar Son of Late Tej Narayan Jha, Resident of Samadhpura, P.O.
                 and P.S.- Baheri, District- Darbhanga.
           6.    Ram Bharosa Singh Son of Late Ram Nihora Singh, Resident of
                 Samadhpura, P.O. and P.S.- Baheri, District- Darbhanga.
           7.    Nitesh Kumar Singh Son of Late Ram Sohag Singh, Resident of
                 Samadhpura, P.O. and P.S.- Baheri, District- Darbhanga.
           8.    Ramesh Prasad Singh Son of Late Kameshwar Singh, Resident of
                 Samadhpura, P.O. and P.S.- Baheri, District- Darbhanga.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Principal Secretary, Revenue and Land Reforms Department,
                 Government of Bihar, Patna.
           3.    The Commissioner, Darbhanga Division, Darbhanga.
           4.    The District Magistrate-cum-Collector, Darbhanga.
           5.    The District Land Acquisition Officer, Darbhanga.
           6.    The Circle Officer, Baheri Anchal, Darbhanga.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Sanjeev Kumar, Adv.
                 For the Respondent/s   :      Mr. Sitaram Yadav, GP-16
                                               Mr. Yatindra Narayan, AC to GP-16
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   21-04-2026                  Heard the parties.

                               2. The present application has been preferred for the

                   following relief(s):
Patna High Court CWJC No.9876 of 2025(2) dt.21-04-2026
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                                              for issuance of writ, writs, order,
                                 orders,       direction,       directions   to   the
                                 respondent         authorities       specially   the
                                 respondent              District    Magistrate-cum-
                                 Collector, Darbhanga to treat the land of the
                                 petitioners under Thana No.80, Anchal
                                 Baheri, having (1) Khata No. 342, Khesra
                                 No. 1404, Area 0.1325 Acre, & Khata no.
                                 343, Khesra No. 1619, area 0.005 acres. (2)
                                 Khata No. 272, Khesra No. 1408, Area0.165
                                 Acre, and Khata No. 463, Khesra No. 1421,
                                 area 0.015 acre (3) Khata No. 309, Khesra
                                 No. 1624, area 0.0325 Acre (4) Khata No.
                                 342, Khesra No. 1405, Area 0.12 acrees, (5)
                                 Khata no.241, Khesra no. 1621 area 0.1275
                                 acres. (6) Khata no. 313, Khesra No. 1456
                                 area 0.015 acre (7) Khata No. 348, Khesra
                                 No. 1422 area 0-0925 acres (8) Khata No.
                                 342 Khesra No. 1406, area 0.12 acres.
                                 situated in or near the village- Samadhpura,
                                 marked out and measured taken by the
                                 government for the scheme Baheri Bypass
                                 Road 0.00 to 4.90 K.M. construction of
                                 Bypass Road, a notice has been published
                                 under Section 21 (2) of the Act 30 of
                                 2013vide Gazette Notification No.82 for the
                                 settlement of claim and objection, if any,
                                 made under Section 20 of Act 30 of 2013
                                 whereby and where under the Collector,
                                 Darbhanga is treating commercial land as
Patna High Court CWJC No.9876 of 2025(2) dt.21-04-2026
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                                 agricultural land and the compensation is
                                 calculated in terms of agricultural land
                                 which cannot be compensated with the
                                 commercial        land   as   the   rate   of   the
                                 commercial land for the compensation much
                                 higher than the agricultural land, compelling
                                 the petitioners approach this Hon'ble Court
                                 to direct the Collector, Darbhanga to treat
                                 the petitioners' land commercial on the basis
                                 of the sale deeds of the several plots treating
                                 the land of commercial rate as well as the
                                 revenue records indicative that the lands are
                                 of commercial land as the shops are situated
                                 both side of the main road for which the
                                 petitioners made L.A. Case No. 13/2023-24.
                                              And further be pleased to direct
                                 the Collector, Darbhanga that fair decision
                                 be taken after enquiry report with respect to
                                 the types of land and the cost of the rate of
                                 registry in terms of commercial land is
                                 mentioned in the registered sale deeds as
                                 well as the revenue records indicatives the
                                 lands of the petitioners are not agricultural
                                 land producing two crops.
                                              And further be pleased to pass
                                 such other order, or orders as your Lordship
                                 may deem fit and proper in the facts and
                                 circumstances of the present case.
                      3.    After some argument, learned counsel for the
           Patna High Court CWJC No.9876 of 2025(2) dt.21-04-2026
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                     petitioner submits that he shall be approaching the Land

                     Acquisition       Rehabilitation        and    Resettlement   Authority

                     (henceforth for short ‘the LARRA’) for the redressal of the

                     grievance.

                                 4. There is no opposition from the other side.

                                 5. In that background, the writ petition is disposed of

                     allowing the petitioner to approach ‘the LARRA’ and if the

                     petition is filed in next four weeks, the authorities shall look into

                     the matter while dealing with the limitation petition as the case

                     was pending before Patna High Court.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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