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Md. Sayeed Ismail Jattery and Anr. v. The State Of Bihar and Ors.

Patna HC8 Jul 2025CWJC/14213/2017

Case brief

AI extract

What is this about?

Ganga Drive Way Scheme land compensation writ; petitioners claim ancestral land taken without Land Acquisition Act procedure; State counter-claims ownership; Patna High Court holds title dispute fit for adjudication before competent Civil Court in title suit; writ petition disposed; pending IAs disposed; CWJC No.14213 of 2017; decided 08-07-2025 by Rajiv Roy, J.

What did the court decide?

No substantive relief granted; writ petition disposed with the observation that the title dispute be adjudicated before a competent Civil Court in a title suit. ¶27

Md. Sayeed Ismail Jattery and Anr. Vs The State Of Bihar and… — Land Acquisition | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14213 of 2017

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Md. Sayeed Ismail Jattery S/o Late Syed Ahmad Ishmail Jaffery R/o Imam Bandi Begum Waqf State Gulzarbagh, Patna - 7, P.S. Alamganj P.O. Gulzarbagh, District - Patna.

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Najam Ali S/o Late Syed Ali Azad R/o Imam Bandi Begum Waqf State Gulzarbagh, Patna - 7, P.S. Alamganj P.O. Gulzarbagh, District - Patna.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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The District Magistrate cum Collector, Patna, Patna Collectoriate, Patna.

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The District Magistrate and Collector, Saran, Chapra.

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Deputy Collector, Land Reforms, Sonepur, District - Saran.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Syed Feroz Raja, Advocate For the Respondent/s : Mrs.Nutan Sahay, AAG-12

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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4 08-07-2025

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Heard Mr. Syed Feroz Raja, learned Senior Counsel

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for the petitioners Mr. Nutan Sahay representing the State.

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The present petition has been preferred for the

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following relief/s:

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(i) for issuance of an appropriate writ or writs in the nature of Mandamus Commanding the Respondents to pay Compensation amount to the petitioners for taking their ancestral lands for Ganga Drive Way Scheme being launched and in progress of construction without following the

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Patna High Court CWJC No.14213 of 2017(4) dt.08-07-2025 2/2

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procedure under Land Acquisition Act and without paying compensation amount to petitioners.

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A counter affidavit has come on behalf of the State Government claiming the land in question belongs to the Government.

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Learned Senior Counsel Mr. Syed Feroz Raja submits that they have genuine claim over the land in question.

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There is claim/counter claim. On the one hand, the claim of the petitioners is that the land belongs to them, on the other hand, the State Government also lay the same claim.

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