Umashankar Ray Vs The State of Bihar

For the Petitioner/s : Mr. Kunal Raushan, Advocate For the Respondent/s : Mr. Standing Counsel (07) ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 10-02-2026

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Heard Mr. Ashutosh Nath, learned counsel for the

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petitioner and Ms. Rashmi Ranjan for the State.

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

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“i. For issuance of appropriate writ/order/directions in the nature of mandamus commanding the respondents to release land acquisition compensation in favour of the petitioner for acquisition of his land for the Double Decker Flyover Project, situated in Chapra, at par with similarly situated raiyats who have been

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Patna High Court CWJC No.2287 of 2026(2) dt.10-02-2026 2/5

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compensated like under Award No. 33;

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ii. For issuance of appropriate

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writ/order/directions in the nature of mandamus directing the respondents to pay statutory interest on the delayed compensation in terms of Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, at the rate of 9% per annum for the first year and 15% per annum thereafter, calculated from the date on which compensation was released to similarly situated raiyats, till actual payment;

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iii. For issuance of appropriate writ/order/directions in the nature of mandamus directing the respondents to conduct a fresh joint measurement of the petitioner's land with due notice to the petitioner, supply the measurement report and alignment map, and thereafter pass a reasoned and speaking order on the petitioner's claim within a time frame fixed by this Hon'ble Court;

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iv. For issuance of appropriate

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Patna High Court CWJC No.2287 of 2026(2) dt.10-02-2026 3/5

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writ/order/directions in the nature of mandamus and to adjudicate the matter pending before the concerned authorities in a time bound manner and to declare that the prolonged administrative silence and failure to take a decision on the petitioner's

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claim for compensation, despite repeated verification and representations, is arbitrary, illegal and violative of Articles 14 and 300A of the Constitution of India;

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v. For issuance of appropriate writ/order/directions in the nature of mandamus to direct the respondents not to proceed further in respect of acquisition of the petitioner's land till the time the matter is pending before this Hon'ble Court for its disposal.

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vi. Grant any other relief(s), including costs, which this Hon'ble Court may deem fit and proper in the interest of justice.”

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The matter relates to a piece of land having following details:

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“Khata No. 75, Plot Nos. 83 and 66 (area

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0.7252 decimal in the Circle – Sadar

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Patna High Court CWJC No.2287 of 2026(2) dt.10-02-2026 4/5

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Chapra in the district of Saran at Chapra.”

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The petitioner claims to own the land by way of purchase in the year 2004 and has also annexed rent receipt to this effect of the year 2023. The submission is that for the construction of the Double Decker road in the Township of Chapra, the land of the petitioner was acquired but no compensation paid despite filing of the representation before the authorities concerned.

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Learned State counsel points out that vide memo no. 1557 dated 16.12.2023, the District Land Acquisition Officer, Saran at Chapra had asked the petitioner amongst other to appear alongwith the documents to present his case. The submission is that he was again asked to appear on 27.01.2025 (Annexure P/7) but there is no documentary proof to show that the petitioner appeared and presented his case.

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Learned counsel for the petitioner submits that subsequently, in the month of June 2025, he made a representation before the Collector, Saran at Chapra.

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Considering the submissions of the parties and taking into account that in the petition/annexure, two names have cropped up, one of Sona Devi and other of Chatti Lal Sharma, none of whom have been made as party-respondents

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Patna High Court CWJC No.2287 of 2026(2) dt.10-02-2026 5/5

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before this Court, in the aforesaid background, in the opinion of the Court, it would be appropriate that for the ends of justice, the petitioner present his case alongwith all the relevant documents before the Collector, Saran at Chapra (respondent no. 2) in the next eight weeks.

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If such petition is preferred, the Collector, Saran at Chapra shall notice all the concerned parties and after hearing them, shall be taking the matter to its logical conclusion at an earliest.

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The contention of the petitioner is that similar situate Chatti Lal Sharma has been granted compensation should also be looked into before passing the reasoned order.

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The writ petition stands disposed of with aforesaid observation.

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(Rajiv Roy, J)

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Adnan/-

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U

Umashankar Ray v. The State of Bihar

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Umashankar Ray v. The State of Bihar

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