Disposed¶30

Amrawati Devi v. The Union Of India and Ors.

Patna HC4 Aug 2025CWJC/16513/2016

Case brief

AI extract

What is this about?

Land acquisition compensation; Naura-Daniyawa Railway Line Project; Land Acquisition Case No. 10 of 2005-06; Section 24 of new Act (Right of Fair Compensation and transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 30 of 2013); market value; eighty percent of award paid under old Act; Eastern Central Railways, Hazipur; State of Bihar; writ petition disposed of with liberty to approach competent authority; respondent no. 1 (Chairman, Railway Board) deleted via I.A. No. 01 of 2019; Rajiv Roy, J; 04-08-2025.

What did the court decide?

Writ petition disposed of with liberty to the petitioner to approach the competent authority for redressal of the grievance, if it still remains; I.A. No. 01 of 2019 allowed and respondent no. 1 deleted from the respondent list. ¶30

Amrawati Devi Vs The Union Of India and Ors. — Land Acquisition | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue commanding the respondents to re-start the land acquisition process under Section 24 of the new Act (Right of Fair Compensation and transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 30 of 2013) and to fix the compensation amount under the new Act and according to market value. +1 more

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Ratio / Principle

The writ petition stands disposed of, permitting the petitioner to approach the competent authority for redressal of the grievance, if it still remains.

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Key takeaways

The prayer in Interlocutory Application No. 01 of 2019 stands allowed and the application stands disposed of.ratio¶20
The name of respondent no. 1 stands deleted from the respondent's list.ratio¶21

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), CWJC No. 16513 of 2016, Amrawati Devi v. The Union Of India and others, decided 04-08-2025. The petition, arising out of Land Acquisition Case No. 10 of 2005-06 for the Naura-Daniyawa Railway Line Project, sought a writ of mandamus commanding the respondents to re-start the land acquisition process under Section 24 of the new Act (Right of Fair Compensation and transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 30 of 2013) and to fix compensation under the new Act and according to market value, the petitioner stating that eighty percent of the award had been paid but under the old Act. I.A. No. 01 of 2019 seeking deletion of respondent no. 1 (Chairman, Railway Board, Ministry of Railway, New Delhi) stood allowed and the name of respondent no. 1 was deleted from the respondent's list. Learned State counsel submitted the petitioner should have approached the appropriate authority rather than invoke the writ jurisdiction. The Court disposed of the writ petition, allowing the petitioner to approach the competent authority for redressal of the grievance, if it still remains.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16513 of 2016

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Amrawati Devi W/o Sudhir Singh Resident of village - Gabaspur, P.O. - Jaitiya, P.S. - Gaurichak, District - Patna.

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... ... Petitioner/s

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Versus

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The Union Of India.

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The General Manager, Eastern Central Railways, Hazipur.

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The State of Bihar through the Secretary, Revenue and Land Reforms, Govt. of Bihar, Patna.

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The District Magistrate/Collector, Patna and the District Land Acquisition, Patna.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar, Advocate For the Respondent/s : Mr. Raj Kishore Roy-Gp18 For the Railways : Mr. Ratnesh Kumar, Sr. CGC ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 04-08-2025 Heard the parties.

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The present petition has been preferred for the following relief(s):

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“for issuance of a writ in nature of mandamus or any other appropriate writ/order/direction, commanding Respondents to re-start the land acquisition process in view of New Act U/s 24 of Right of Fair Compensation and transparency in Land Acquisition, Rehabilitation and Re-settlement Act (30 of 2013) and direct the respondents to fix the

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Patna High Court CWJC No.16513 of 2016(2) dt.04-08-2025 2/3

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compensation amount under the new Act and according to market value.”

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I.A. No. 01 of 2019

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The aforesaid Interlocutory Application has been preferred for deleting the respondent no. 1, the Chairman, Railway Board, Ministry of Railway, New Delhi from the list of the respondents.

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The prayer stands allowed and the Interlocutory Application No. 01 of 2019 stands disposed of.

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The name of the respondent no. 1 stands deleted from the respondent’s list.

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CWJC No. 16513 of 2016

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The matter relates to the construction of the Naura-Daniyawa Railway Line Project which led to Land Acquisition Case No. 10 of 2005-06.

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The claim of the petitioner is that though eighty percent amount of the award was paid, the same was under the old Act and as such, the grievance remains.

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Learned State counsel submits that they should have approached the appropriate authority for the redressal of the grievance instead of invoking the writ jurisdiction.

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