Patna High Court
Vijay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The writ petition is disposed, directing the petitioners to approach the Collector for relief as the appropriate forum.
Summary
The petitioners challenged a land acquisition proceeding initiated in 1961, claiming it had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and sought a declaration that their land (Plot no 614, Khata No. 50) was free from acquisition and encumbrances. They also alleged that the Patna Municipal Corporation demolished part of a structure on the land without prior notice, violating natural justice. The respondents argued that the petition should be filed before the appropriate authority (the Collector) and that a necessary party, Buddha Grih Nirmaan Sahyog Samiti Limited, was not joined. The Court held that the High Court, sitting in writ jurisdiction, cannot decide the lapse of acquisition under Section 24(2) and that the proper forum is the Collector. Consequently, the writ petition was disposed, with liberty granted to the petitioners to approach the Collector within two weeks, filing a proper application and including the omitted party.
Issues considered
- Whether the High Court can entertain a writ under Article 226 to declare the lapse of a land acquisition proceeding under Section 24(2) of the 2013 Act.
- Whether the petitioners should approach the Collector as the competent authority for relief.
- Whether the non‑joinder of Buddha Grih Nirmaan Sahyog Samiti Limited defeats the writ petition.
- Whether demolition of the petitioners' construction without notice violates principles of natural justice.
Legislation cited
- Constitution of India — s. Article 226
- Land Acquisition Act, 1894 — s. 11, 4
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — s. 24(2)
Subjects
- land acquisition
- Section 24
- writ jurisdiction
- Article 226
- natural justice
- demolition
- non‑joinder
- collector
- Right to Fair Compensation Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9935 of 2026
======================================================
1. Vijay Kumar Singh Son of Late Ram Bharat Singh, Resident of Mohalla
Dariyapur Gola, P.S. Pirbahor, District Patna.
2. Nagmani Singh Yadav Son of Late Ram Bharat Singh, Resident of Mohalla
Dariyapur Gola, P.S. Pirbahor, District Patna.
3. Anil Kumar Singh Son of Late Ram Bharat Singh Resident of Mohalla
Dariyapur Gola, P.S. Pirbahor, District Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Department of Revenue and Land Reforms,
Government of Bihar, Patna.
3. The Divisional Commissioner, Patna Division, Patna.
4. The District Magistrate, Patna.
5. The Municipal Commissioner, Patna Municipal Corporation, Patna.
6. The Town Commissioner, Patna Municipal Corporation, Patna.
7. The District Land Acquisition Officer, Patna.
8. The Circle Officer Patna Sadar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Ranjan, Advocate
Mr. Himanshu Ranjan, Advocate
For the State : Mr. Vinay Kriti Singh, GA- 02
Mr. Rajan Prakash, AC to GA- 02
For the P.M.C. : Mr. Prasoon Sinha, Senior Advocate
Mr. Prabhat Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL JUDGMENT
Date : 08-07-2026
Heard learned counsel for the parties.
2. By invoking power of The High Court under
Article - 226 of the Constitution of India, the petitioner has
prayed for issuance of a declaration that the land acquisition
proceeding initiated by the State of Bihar vide Gazette
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Notification No. 416 dated 07.10.1961, bearing land acquisition
Case No. 63 of 1961-62 has lapsed in view of the specific
provisions as contained in Section 24(2) of the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 with an additional
prayer for a declaration that the land in question appertaining to
Plot no 614, Khata No. 50, Mauja – Dujra, PS – 4, Patna is free
from acquisition and free from all encumbrances and claims
arising therefrom over which respondents have no right, interest
of any nature on the basis of aforesaid acquisition.
3. The learned Advocate for the petitioners
submits that vide letter No. 8062 dated 16.05.2026 issued by
Patna Municipal Corporation with respect to construction of
“Prime Minister Ekta Mall” on Khesra No. 613 and 614,
Mauza- Dujra, having an area of approx. 15 kattahs, without any
prior notice and without giving any opportunity of hearing, has
ordered for demolition of whatever constructions made on the
piece of land as detailed hereinabove. He further submits that
the employees of the corporation has resorted to the act of
demolition and has in fact, demolished some portion of
construction including the boundary wall constructed thereon.
4. At this stage, Mr. Prasoon Sinha, learned Senior
Counsel duly assisted by Mr. Prabhat Kumar, learned advocate
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appearing on behalf of the Patna Municipal Corporation submits
that petitioner has approached this Court under Article- 226
without having approached the proper forum for a declaration
that the land acquisition case initiated in the year 1961 have
lapsed by virtue of application of Section 24 (2) of the 2013 Act.
He further reinforces his submission by stating that in view of
the specific provisions contained in Section 11A, as detailed
under Part - II of the Land Acquisition Act, 1894 under the
heading ‘Acquisition’, which lays down as to under what
circumstances land acquisition process initiated under the Act
No. 1 of 1894 shall be deemed to have lapsed and for the same
the petitioner is under obligation to approach the proper
authority.
5. Learned Senior Counsel further submits that the
this writ application is fit to be dismissed merely on the ground
of non-joinder of the necessary and proper party i.e., Buddha
Grih Nirmaan Sahyog Samiti Limited through its honorary
Secretary. He submits that the aforesaid Buddha Grih Nirmaan
Sahyog Samiti Limited is the main contesting party and no order
could be passed at the back of the aforesaid society.
6. Heard the parties and perused the records.
7. Under Section 24(2) of the 2013 Act relying on
which the, petitioner has come for a declaration that the
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proceedings of land acquisition initiated in the year 1961 be
declared to have lapsed, cannot be exercised by this Court
sitting in the writ jurisdiction. The proper forum for the
petitioner is to approach the Collector of the district, raising his
grievances and placing his case before him with supporting
document that the land acquisition initiated in the year 1961
vide Land Acquisition Case No. 63 of 1961/62 has, in fact,
lapsed in terms of provisions as contained in the 2013, Act and
by virtue of operation of Clause (2) of Section 24, which as
evident, has not been complied with, in the present case.
Section 24 of the Land Acquisition, Rehabilitation
and Resettlement Act, 2013 is stated as follows:-
24. Land acquisition process under
Act No. 1 of 1894 shall be deemed to
have lapsed in certain cases.-(1)
Notwithstanding anything contained
in this Act, in any case of land
acquisition proceedings initiated
under the Land Acquisition Act,
1894.-
(a) where no award under Section 11
of the said Land Acquisition Act has
been made then, all provisions of this
Act relating to the determination of
compensation shall apply; or
(b) where an award under said
Section 11 has been made, then such
proceedings shall continue under the
provisions of the said Land
Acquisition Act, as if the said Act has
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not been repealed.
(2) Notwithstanding anything
contained in sub-section (1), in case of
land acquisition proceedings initiated
under the Land Acquisition Act, 1894,
where an award under the said
Section 11 has been made five years
or more prior to the commencement of
this Act but the physical possession of
the land has not been taken or the
compensation has not been paid the
said proceedings shall be deemed to
have lapsed and the appropriate
Government, if it so chooses, shall
initiate the proceedings of such land
acquisition afresh in accordance with
the provisions of this Act:
Provided that where an
award has been made and
compensation in respect of a majority
of land holdings has not been
deposited in the account of the
beneficiaries, then, all beneficiaries
specified in the notification for
acquisition under Section 4 of the said
Land Acquisition Act, shall be entitled
to compensation in accordance with
the provisions of this Act.”
8. The perusal of aforesaid section indisputably
lays down the circumstances under which a land acquisition
proceeding would lapse:-
i) Where no award under Section 11 of the Land
Acquisition Act, 1894 have been made;
ii) Where an award under Section 11 of the Old
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Act has been made five years or more prior to the
commencement of this Act but physical possession of the land
has not been taken nor compensation has been paid thereof.
The aforesaid facts where the proceeding initiated
for land acquisition has lapsed or not is to be decided keeping in
mind the aforesaid pre-requisite conditions as stipulated in
Clause 2 of Section 24 of the 2013, Act. This exercise can only
be taken by the competent authority i.e. the Collector or any
other appropriate authority which has jurisdiction over the same.
For deciding the aforesaid matter evidence, verification of
documents and necessary examination of all the materials
germane to the issue are required to be looked into which could
not and shall not be exercised by this Court sitting in writ
jurisdiction.
9. The petitioners’ main ground to approach this
Court under writ jurisdiction has arisen on the account of
demolition steps taken by the respondent Patna Municipal
Corporation, which he claims, are not in consonance with the
extant rules and as such, in these emergent situation he has
approached this Court for protection of his right to be heard
before such a demolition exercise is taken against him.
10. The perusal of the averments made in writ
application also evince that the jumbled and disputed question
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of facts have been raised. This Court finds itself incapable to
decide the cause sitting in the writ jurisdiction without having
taken any evidence from the relevant party contesting the issue.
In the writ jurisdiction disputed question of fact cannot be gone
into and can never be allowed to be entertained and that too in
the absence of non joinder of the one of the most necessary
parties i.e., Buddha Grih Nirmaan Sahyog Samiti Limited as
evident from the submissions made on behalf of the Patna
Municipal Corporation.
11. In this backdrop, learned counsel for the
petitioner prays for the withdrawal of the writ application with
liberty to approach the Collector, Patna for redressal of his
grievances, so raised herein with a prayer to ameliorate the same
as expeditiously as possible in consonance with the specific
procedure laid down therein the Act.
12. To this submission made on behalf of the
petitioner, learned Senior Counsel appearing on behalf of Patna
Municipal Corporation contends that though he is not agreeable
to such proposition but he will not object to it considering issue
of non-compliance of the principal of natural justice which
should have been followed being the mandate of the law, before
any coercive action shall be taken against any of the parties
concerned.
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13. Thus, in this view of this matter the writ
application is disposed of with the aforesaid liberty to the
petitioner to approach the Collector, Patna within two weeks
henceforth, by filing a proper application with the specific relief
and duly supported by all relevant and necessary documents
germane to proper adjudication and final determinative decision
in the matter.
14. If such an application is filed with supporting
documents on which petitioners relies heavily, same shall be
entertained by the Collector, Patna and he will dispose of the
same within a period of three weeks, having issued notice to all
the concerned and having heard all the parties in the matter, by
a speaking, reasoned and positive order, so that matter could be
resolved once and for all.
15. It goes without saying that as manifest from the
submission of the learned Senior Advocate Mr. Prasoon Sinha
that Buddha Grih Nirmaan Sahyog Samiti Limited through its
Honorary Secretary appears to be a necessary party, so it may
also be added as one of the respondents/opposite party by the
petitioner in his application and the Collector will also issue
notice to the concerned on the petition so filed on behalf of the
petitioner.
16. Till such decision is taken by Collector, Patna
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finally disposing and adjudicating the issues placed before him
under various provisions of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 or in terms of provisions as comntained
under Land Acquisition Act of 1894, as the case may be, no
coercive action shall be taken against the petitioner and a status
quo qua all the parties concerned, as on date, shall be
maintained.
17. The Court has not expressed any opinion on the
merit of the case and any observation made herein, shall only be
used purposively by the Collector, Patna to decide the issue. He
will have to apply his mind and decide the matter in consonance
with the legal provisions set-out therein for deciding the issues
in order to set at rest the controversy raised herein.
18. The writ petition stands disposed off.
(Rana Vikram Singh, J.)
Rakesh/
Supratim-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 10.07.2026
Transmission Date NA
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