Disposed¶34

Jai Prakash Kumar v. The State of Bihar

Patna HC12 Feb 2026/2032/2026

Case brief

AI extract

What is this about?

What did the court decide?

Writ application disposed of with directions: the Circle Officer concerned to issue a no-objection certificate to the petitioners and give such information to the Land Acquisition Officer, Patna, so that due compensation is paid to the petitioners in accordance with the RFCTLARR Act, 2013. No Award amount or monetary figure fixed by this Order.

Jai Prakash Kumar Vs The State of Bihar — Land Acquisition | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents nos. 2 to 4 can be directed to make payment of compensation with applicable interest for the petitioners' land acquired for the Patna Metro Rail Depo, and to make an Award in favour of the petitioners under the RFCTLARR Act, 2013. +1 more

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Court's answer

The Circle Officer concerned is duty bound to issue a no objection certificate to the petitioners and give such information to the Land Acquisition Officer, Patna.

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Ratio / Principle

Considering the admitted fact that the petitioners purchased the land vide registered Sale Deed no.847 dated 13.01.2020 (Khata No.444, Tauzi No.15826, Khesra No.1674, area 2.1235 Dismil), that the award was prepared in the petitioners' name and not that of Ganesh Dutta Sahkari Grih Nirman Samiti Ltd., and that the counter affidavit contained no objection from the Secretary of either society, the Court found the foundation of the petitioners' entitlement made out.

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Key takeaways

Due compensation is to be paid to the petitioners in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, upon the Circle Officer conveying the requisite information to the Land Acquisition Officer.ratio¶33

Detailed headnote1 paragraphs

PATNA HIGH COURT (Purnendu Singh, J.) — CWJC No.2032 of 2026, oral order dated 12-02-2026. Petitioners Jai Prakash Kumar and Om Prakash Kumar sought mandamus for compensation with applicable interest and an Award under the RFCTLARR Act, 2013 for 2.1235 Dismil of land (Mauza-Pahari, East of Masaurhi Road; Khata No.444, Tauzi No.15826, Khesra No.1674) acquired for the Patna Metro Rail Depo. Title was traced through registered Sale Deed no.847 dated 13.01.2020 from Basuki Sharma alias Bashukinath Sharma, who had himself bought the land in 1993 from Ganesh Dutta Sahkari Grih Nirman Samiti Ltd. (Regn. No.159/Pat./1981), with mutation (Mutation Case No.13590/R27 (2019-20)), Jamabandi, Land Possession Certificate No.2670/2022-23 dated 16.12.2022, and an unanswered representation dated 29.05.2023 before the District Land Acquisition Officer. The State's counter affidavit asserted that, per the Circle Officer's measurement report, the land belonged to Jagdhar Sahkari Grih Nirman Samiti Ltd., rendering the claim unsustainable. Noting the award had been prepared in the petitioners' name and that the Secretary of neither society objected, the Court held the Circle Officer duty-bound to issue a no-objection certificate and inform the Land Acquisition Officer, Patna, so that due compensation is paid in accordance with the 2013 Act; the application was disposed of.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2032 of 2026

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Jai Prakash Kumar S/O. Pannu Saw, Resident of Mohalla/VillageGaurichak, P.O.-Fatehpur, P.S.-Gaurichak, District-Patna, State-Bihar, PIN803206.

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Om Prakash Kumar S/O. Pannu Saw, Resident of Mohalla/VillageGaurichak, P.O.-Fatehpur, P.S.-Gaurichak, District-Patna, State-Bihar, PIN803206

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... ... Petitioner/s

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Versus

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The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Main Secretariat Building, Patna, Bihar.

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The District Magistrate -cum-Collector, Patna, Bihar.

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The District Land Acquisition Officer, Patna, Bihar.

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The Circle Officer, Patna Sadar, Patna, Bihar.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Bishwa Bibhuti Kumar Singh, Advocate For the Respondent/s : Mr. Vivek Prasad, GP 7 Mr. Sanjay Kumar, AC to GP(7) ======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 12-02-2026 Heard Mr. Bishwa Bibhuti Kumar Singh, learned

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counsel appearing on behalf of the petitioners and Mr. Vivek Prasad, learned GP 7 along with Mr. Sanjay Kumar, learned AC to Government Pleader (7) for the State.

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The petitioners in paragraph no. 1 of the present writ petition have sought inter alia the following relief(s), which is reproduced hereinafter:-

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“1. That the present writ application is being filed for issuance of a writ or direction to the respondents for the following reliefs: -

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(i) For issuance of a writ in the nature of

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Patna High Court CWJC No.2032 of 2026(2) dt.12-02-2026 2/5

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Mandamus, or, a direction or, order to the respondents no. 2 to 4 to make payment of compensation along with applicable interest for the land of the petitioners comprising under Mauza-Pahari (East of Masaurhi Road), Revenue Thana No.14, Khata No.444, Tauzi No.15826, Khesra No.1674, area 2.1235 Decimals which has been acquired by the respondent no.2 and 3 for development of Metro Rail Project for construction of Patna Metro Rail Depo.

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(ii) For issuance of a direction to make an Award in favour of the petitioners and further to pay compensation as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act).

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(iii) Any other writ or writs/ direction /order as this Hon'ble Court may deem fit and proper for the end of Justice.”

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Learned counsel appearing on behalf of petitioners

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submitted that the petitioners are the owners of the land appertaining to Mauza-Pahari (East of Masaurhi Road), Revenue Thana No.14, Khata No.444, Tauzi No.15826, Khesra No.1674, area 2.1235 Dismil, which has been acquired by the respondent no.2 & 3 for development of Metro Rail Project for construction of Patna Metro Rail Depo. The said piece of land was purchased by the petitioners from one Basuki Sharma alias Bashukinath Sharma, S/O Late Ramanugrah Sharma, resident of village-Belsar, Post-Malhar, P.S.-Aurangabad, DistrictAurangabad vide a valid registered Sale Deed no.847, dated 13.01.2020 pursuant to which award was prepared in the name of the petitioners and not in the name of the concerned Ganesh Dutta Sahkari Grih Nirman Samiti Ltd. (Registration.

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Patna High Court CWJC No.2032 of 2026(2) dt.12-02-2026 3/5

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No.159/Pat./1981), Kankarbag. The said Basuki Sharma alias Bashukinath Sharma had purchased the said land vide a Registered Sale Deed dated 12.08.1993 from Ganesh Dutta Sahkari Grih Nirman Samiti Ltd. (Registration. No.159/Pat./1981), Kankarbag. After purchase of the land from Basuki Sharma alias Bashukinath Sharma, mutation of the said piece of land has been done in favour of the petitioners in Mutation Case No.13590/R27 (2019-20) and Jamabandi has been created by the Circle Officer, Patna Sadar and thereafter, petitioners are paying revenue rent regularly to the State of Bihar. After purchase of the said land the petitioners were in peaceful possession of the said piece of land and for that effect, a Land Possession Certificate No.2670/2022-23 dated 16.12.2022 has also been issued by the Circle Officer, Patna Sadar. He submitted that a representation dated 29.05.2023 for compensation has been filed before the District Land Acquisition Officer, Patna but till date the compensation has not been paid to the petitioners though he admitted that notice in the name of the petitioners was issued for declaring the plots of the petitioners to be acquired on the basis of the entries made in the revenue records, which shows rightful possession of the petitioners and their title over the said property.

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Patna High Court CWJC No.2032 of 2026(2) dt.12-02-2026 4/5

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Per contra, learned counsel appearing on behalf of the State, who has filed a counter affidavit online and a hard copy of the same has been produced before this Court which is required to be filed in physical mode, submitted that as per the report of the Circle Officer the land purchased by the petitioners is under Ganesh Dutta Sahkari Grih Nirman Samiti Ltd, whereas, after measurement it was found the said land belongs to the Jagdhar Sahkari Grih Nirman Samiti Ltd and in such circumstances, the relief(s), as sought for in the present writ petition, for payment of due compensation, is not sustainable and accordingly, the present writ petition is fit to be dismissed.

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Heard the parties.

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Considering the admitted fact that the petitioners purchased the land in question from one Basuki Sharma alias Bashukinath Sharma vide a valid registered Sale Deed no.847, dated 13.01.2020 appertaining to Khata No. 444, Tauzi No.15826, Khesra No.1674, area 2.1235 Dismil and the records of the award has been prepared in the name of the petitioners and not in the name of the concerned Ganesh Dutta Sahkari Grih Nirman Samiti Ltd. (Registration. No.159/Pat./1981), Kankarbag, as well as, considering the counter affidavit, in which no objection has been made by the Secretary of either

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Patna High Court CWJC No.2032 of 2026(2) dt.12-02-2026 5/5

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Ganesh Dutta Sahkari Grih Nirman Samiti Ltd. or Jagdhar Sahkari Grih Nirman Samiti Ltd., I find that the Circle Officer concerned is duty bound to issue no objection certificate to the petitioners and give such information to the Land Acquisition Officer, Patna, so that, due compensation is to be paid to the petitioners in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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Accordingly, the present application stands disposed of.

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(Purnendu Singh, J)

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Ashishsingh/-

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Jai Prakash Kumar v. The State of Bihar

Case brief

What is this about?

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Jai Prakash Kumar v. The State of Bihar

Case brief

What is this about?

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