Patna High Court

Rajendra UpadhyayversusThe State of Bihar through Principal Secretary,

Decided: 17 February 2026
Disposal: DISPOSED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The Court did not decide the merits but ordered the Collector to expedite disposal of the Section 18 application within two months.

Summary

The appellants, Rajendra and Shiv Nandan Upadhyay, filed a Letters Patent Appeal against the State of Bihar and several officials concerning land taken for flood protection projects. They had received Rs. 35,178 as compensation, which was undisputed, but claimed entitlement to the portion of land not formally acquired. They also filed an application under Section 18 of the Land Acquisition Act, 1984 for appropriate compensation, which has been pending before the Collector for three years. The Court noted the delay and directed the Collector to dispose of the application within two months of the order, without expressing any view on its merits. The Court further held that the appellants may pursue any other remedy against the State’s use of land without acquisition, and the appeal was disposed.

Issues considered

The appellants' entitlement to land not covered by the acquisition process
Whether the pending application under Section 18 of the Land Acquisition Act, 1984 should be expedited
The legality of the State utilizing land without formal acquisition

Legislation cited

Land Acquisition Act, 1984 — s. 18

Subjects

land acquisition
compensation
Section 18
collector
Bihar
flood protection project
Letters Patent Appeal

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                          Letters Patent Appeal No.177 of 2025
                                            In
                      Civil Writ Jurisdiction Case No.7334 of 2024
     ======================================================
1.    Rajendra Upadhyay S/o Late Vrajanandan Upadhyay @ Brij Nandan
      Upadhyay, R/o Village - Jitan Chapra, Dulinbazar, P.O. Rajipur, P.S. - Rani
      Talab, District- Patna.
2.   Shiv Nandan Upadhyay S/o Late Vrajanandan Upadhyay @ Brij Nandan
     Upadhyay, R/o Village - Jitan Chapra, Dulhinbazar, P.O. Rajipur, P.S. - Rani
     Talab, District- Patna.

                                                                ... ... Appellant/s
                                         Versus

1.   The State of Bihar through Principal Secretary, Water Resources
     Department, Government of Bihar, Patna.
2.   The Principal Secretary, Department of Revenue and Land Reforms, Land
     Acquisition Directorate Bihar Patna.
3.   The Director, Land Acquisition and Rehabilitation, Water Resources
     Department, Bihar, Patna.
4.   The Commissioner for Rehabilitation and Resettlement, Bihar, Patna.
5.   The Chief Engineer, Water Resources Department, Bihar Patna.
6.   The Collector, Patna, District- Patna.
7.   The Special Land Acquisition Officer, Patna Flood Protection Project, Patna.
8.   The Superintending Engineer, Ganga Sone Flood Protection Circle, Patna.
9.   The Executive Engineer, Sone Flood Protection Division, Bihta, Patna.
10. The Executive Engineer, Sone Canal Division, Khagaul Patna.
11. The Land Acquisition Officer, Water Resources Department, Anisabad,
    Patna.
12. The Sub Divisional Officer, Sone Flood Protection Sub- Division, Bihta,
    Khagaul, Danapur, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :       Mr. Abhishek Kumar, Adv.
     For the Respondent/s   :       Mr. Anjani Kumar, AAG-4
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
Patna High Court L.P.A No.177 of 2025 dt.17-02-2026
                                             2/3




       (Per: HONOURABLE THE CHIEF JUSTICE)

         Date : 17-02-2026

                      As per the order dated 08.01.2026 passed in the

         present LPA, it is submitted by the learned AAG-4 that an

         amount of Rs. 35,178/- (Rupees Thirty-five thousand one

         hundred seventy eight only) has already been handed over to the

         appellants, which is not disputed.

                      2. Learned counsel for the appellants, however,

         submits that they are also entitled to get back the portion of the

         lands, which were not under the land acquisition process.

         Further, the appellants have already filed an application under

         Section 18 of the Land Acquisition Act, 1984 for payment of

         appropriate compensation, which is pending before the

         Collector, Patna.

                      3. Since the application is made in February, 2023 and

         three years have already been passed, this Court expects that the

         Collector, Patna shall do the needful in expediting the disposal

         of the application at an earliest, preferably within a period of

         two months, from the date of production of the certified copy of

         this order, if there is no other impediment.

                      4. It is made clear that we have not expressed any

         opinion on the merits of such application. Accordingly, the
             Patna High Court L.P.A No.177 of 2025 dt.17-02-2026
                                                          3/3




                      present LPA stands disposed off.

                                   5. The appellants are also at liberty to avail any other

                      remedy, if they feel aggrieved with the action of the State in

                      utilizing the land without acquisition, in accordance with law.




                                                    (Sangam Kumar Sahoo, CJ)


                                                            (Harish Kumar, J)
shivank/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          18.02.2026
Transmission Date       NA

Continue reading with your account

Checking your session…