Patna High Court
Manna Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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):
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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
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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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