Disposed

Prabha Kumari v. The State of Bihar

Patna HC21 Apr 2026CWJC/10967/2025

Case brief

AI extract

What is this about?

Writ petition over acquisition of lands for the Ram Janki Road Scheme (NH-227A), challenging rejection of a representation that the lands were residential rather than agricultural. With consent of parties, petitioners were permitted to approach the Arbitrator-cum-Divisional Commissioner under Section 3G(5); I.A. No.01 withdrawn, I.A. No.02 for substitution of heirs allowed.

What did the court decide?

Petitioners allowed to approach the Arbitrator cum Divisional Commissioner, Saran Division, within four weeks; heirs substituted for deceased petitioner no.2.

Prabha Kumari Vs The State of Bihar — Land Acquisition | Patna HC (2026)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10967 of 2023

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

Arun Kumar Singh

... ... Petitioner/s

Versus

The State of Bihar

... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Shivam, Advocate For the Respondent/s : Mr.Birendra Prasad Singh (SC- 19 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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4 21-04-2026

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I.A. No. 01of 2024:

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Learned Senior Counsel for the petitioner at the

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outset prays for withdrawal of the I.A. No. 01 of 2024 which is dismissed as withdrawn.

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I.A. No. 02 of 2022:

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The aforesaid Interlocutory Application has been preferred for substituting heirs and legal representative of the deceased petitioner no.2, Shankar Thakur who died on 5.05.2024 leaving behind heirs as recorded in paragraph-2 of the petition.

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The contention is that the wife of the petitioner no.2 is pre-deceased and as such heirs be substituted.

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Patna High Court CWJC No.10967 of 2023(4) dt.21-04-2026 2/5

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Learned State counsel has no objection to it.

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In that background, I.A. No. 02 of 2022 is

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allowed.

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Let office to needful and substitute petitioner no.2, Shankar Thakur with the heirs as recorded in paragraph2 of the Interlocutory Application.

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C.W.J.C. No. 10967 of 2023:

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Heard Mr. Pushkar Narain Shahi, learned Senior

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Counsel for the petitioner and the State.

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

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(i) for setting aside the order dated 21.11.2022 passed by the Circle Officer, Maharajganj in Misc. Case No. 01/202223 whereby and whereunder pursuant to directions issued by this Hon'ble Court vide oral judgment dated 9.9.2022 passed in CW.JC. No 12924/2022, the representation filed by the petitioners for holding nature of lands acquired for Ram Janki Road Scheme in respect of N.H.

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Patna High Court CWJC No.10967 of 2023(4) dt.21-04-2026 3/5

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227A in village Ushri, CircleMaharajganj, District- Siwan was in fact residential in nature and not agricultural, has been rejected only on the basis of khatiyan entry without taking into account the actual condition of the land;

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(ii) the petitioners alternatively pray that since the amount determined by the competent authority in terms of Section 3G(1) and (2) is not acceptable to the petitioners whose lands have been acquired, the matter be referred to the Arbitrator to be appointed by the Central Government in terms of Section 3G(5) of the National Highways Act, 1956;

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(iii) for grant of any other incidental/consequential or other appropriate relief/reliefs to which the petitioners may be found entitled in the facts and circumstances of the case fully enumerated hereinbelow..

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The details of the land is/are as under:

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Patna High Court CWJC No.10967 of 2023(4) dt.21-04-2026 4/5

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(i) thana no. 539, 540;

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(ii) khata no. 217, 223,140;

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(iii) survey no.1718, 1723, 1719,1737, 1748, 281;

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(iv) mauza-Jalalpur; circleMaharajganj, district-Siwan.

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It has been acquired for the Ram Janki Road Scheme relating to National Highway 227A. The land of the petitioners have also been acquired and they are aggrieved that it being the residential, the same has been rejected putting it in the category of agriculture land.

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After some argument, learned Senior Counsel for the petitioners accept the State-respondents version which they have also incorporated in the writ petition that the remedy lies before the Arbitrator cum Divisional Commissioner, Saran Division, Saran under section 3(G)(5) of the National Highways Act, 1956.

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In the aforesaid background and with the consent of the parties, the writ petition is disposed of allowing the petitioner to approach the concerned authority/Arbitrator cum Divisional Commissioner, Saran Division, Saran in next

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Patna High Court CWJC No.10967 of 2023(4) dt.21-04-2026 5/5

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four weeks and the concerned Arbitrator after hearing the parties and putting all the respondents to notice will be passing appropriate order preferably by the end of this year.

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(Rajiv Roy, J)

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Ravi/-

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Prabha Kumari v. The State of Bihar

Case brief

What is this about?

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Prabha Kumari v. The State of Bihar

Case brief

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