Sunil Kumar Vs The State of Bihar — Land Acquisition | Patna HC (2025)

Sunil Kumar Vs The State of Bihar — Land Acquisition | Patna HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to file a fresh representation before the Collector, Nalanda on or before 08.05.2025 annexing all relevant documents relating to the land; upon such filing, the Collector, Nalanda to consider and dispose of the representation within three months thereafter after giving the petitioner an opportunity of hearing, in accordance with law.

Issue for consideration

Whether the petitioner's raiyati land (Thana No. 307, Khata Nos. 28, 52, 2, 77 and 76; Khesra Nos. 668-672, measuring 52 decimal, Mauza Raipur Koyal Bigha, Circle-Tharthari, District-Nalanda), over which the authorities constructed the Hilsa-Noorsarai Road north of the eastern side of the bridge over river Mahane without acquiring it, should have the encroachment removed, or alternatively the land be acquired with suitable compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Court's answer

The writ application is disposed of with liberty to the petitioner to file a fresh representation before the Collector, Nalanda raising the grievance made in the writ application, annexing all relevant documents relating to the land, on or before 08.05.2025; if such a representation is filed on or before 08.05.2025, the Collector, Nalanda shall consider and dispose of it within three months thereafter, after giving the petitioner an opportunity of hearing, in accordance with law.

Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J.) disposed of a Civil Writ Jurisdiction Case in which the petitioner alleged that the authorities had constructed the Hilsa-Noorsarai Road north of the eastern side of the bridge over river Mahane over his raiyati land (Thana No. 307, Khata Nos. 28, 52, 2, 77 and 76; Khesra Nos. 668-672, measuring 52 decimal, Mauza Raipur Koyal Bigha, Circle-Tharthari, District-Nalanda) without acquisition, and sought either removal of the encroachment or acquisition with compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. As the receiving of the petitioner's earlier representation dated 26.12.2024 (Annexure-3) before the Collector, Nalanda did not bear the seal of the Collector's office, the Court disposed of the writ application with liberty to file a fresh representation with all relevant documents on or before 08.05.2025, directing that, if filed, the Collector, Nalanda shall consider and dispose of it within three months thereafter after giving the petitioner an opportunity of hearing, in accordance with law.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5818 of 2025

======================================================

Sunil Kumar Son of Late Ram Pyare Singh Resident of Village- Raipur Koyal Bigha, P.S.- Tharthari, District- Nalanda, Bihar.

... ... Petitioner/s

Versus

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

Road Construction Department, through the Secretary, Govt. of Bihar, Patna.

The District Magistrate cum-Collector, Nalanda.

The District Land Acquisition Officer, Nalanda.

The Deputy Collector Land Reforms, Nalanda.

The Circle Officer, Tharthari, Nalanda.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Vikash Kumar Pankaj Mr. Rishav Dev For the Respondent/s : Mr. Government Pleader (23) ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 24-04-2025 1. Heard learned counsel for the petitioner and learned AC to GP-23.

The learned counsel for the petitioner submits that petitioner would be satisfied in the event if the writ application is disposed of with a direction to the Collector, Nalanda to dispose of the representation of the petitioner dated 26.12.2024 (Annexure-3), whereby a prayer has been made to remove the encroachment made by the authorities over land pertaining to Thana No. 307, Khata Nos. 28, 52, 2, 77 and 76, Khesra No. 668, 669, 670, 671 and 672 measuring 52 decimal at Mauza

Patna High Court CWJC No.5818 of 2025(2) dt.24-04-2025 2/3

Raipur Koyal Bigha, Circle-Tharthari, District- Nalanda.

The learned counsel appearing on behalf of the petitioner next submits that the land in dispute is his raiyati land over which the authorities have constructed Hilsa-Noorsarai Road at North of the Eastern side of the bridge over river Mahane without acquiring the same. The learned counsel next submits that either the encroachment made over the raiyati lands of the petitioner be removed or the land be acquired and suitable compensation be given in terms of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

The learned counsel appearing on behalf of the State submits that no doubt from perusal of Annexure-3, it manifests that a representation dated 26.12.2024 was submitted in the office of the Collector, Nalanda, but then the receiving does not have seal of the office of the Collector, as such it is submitted that petitioner be directed to file a fresh representation raising his grievance, on which the learned counsel appearing on behalf of the petitioner submits that petitioner will file a fresh representation before the Collector, Nalanda annexing all the relevant documents relating to the land.

Patna High Court CWJC No.5818 of 2025(2) dt.24-04-2025 3/3

After hearing the learned counsel for the parties, the writ application is disposed of with a liberty to the petitioner to file a fresh representation before the Collector, Nalanda with regard to the grievance as raised in the instant writ application annexing all the relevant documents relating to the land on or before 08.05.2025, in the event if any representation is filed by the petitioner on or before 08.05.2025 in that event the Collector, Nalanda shall consider and dispose of the same within a period of three months thereafter after giving an opportunity of hearing to the petitioner in accordance with law.

(Satyavrat Verma, J)

Rishabh/-

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