Rakesh Roshan Choudhary and Ors. Vs The State Of Bihar and Ors.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.25104 of 2018

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Rakesh Roshan Choudhary and Ors late chandra mohan choudhary

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Shyam shundre choudhary s/o hulo choudhary

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Buchan choudhary s/o Jay narasyan choudhary

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Sanjay kumar choudharyu s/o late laxman choudhary all resident of villagegandual, p.o.- baghwa, p.s.- jalai, block- mahisi, district- saharsa, pin852216

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... ... Petitioner/s

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Versus

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The State Of Bihar and Ors

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The Director, land acquisition, directorate of dept. of revenue and land reforms bihar patna.

That District magistrate/ collector saharsa.

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The Additional collector, saharsa

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The District Land Acquisition officer, saharsa

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The Circle officer, block- mahishi, district- saharsa.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Shashank Shekhar Jha, Adv. For the Respondent/s : Mr. Sajid Salim Khan- Sc25 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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3 03-02-2026

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In this writ petition, 09.12.2025, the respondent nos. 3

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to 6 were directed to file counter affidavit.

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Today, on call, no counter affidavit has been received

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nor there is any communication from the respondents on why the counter affidavit could not be filed.

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Learned State Counsel submits that though no document has been handed over to him with a prayer for extension of time, the Circle Officer, Mahishi, Saharsa communicated to him that they are preparing affidavit.

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Patna High Court CWJC No.25104 of 2018(3) dt.03-02-2026 2/4

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The writ petition was filed in the year 2018, no reply came for seven years, on 09.12.2025, direction was given to file reply but in a casual manner, the Circle Officer, Mahishi, Saharsa informed that reply is being prepared.

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In that background, he shall be paying Rs. 3,000/- to learned counsel for the petitioner, Mr. Shashank Shekhar Jha and receipt has to be filed in the office by 16.02.2026.

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Heard the parties.

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

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(i) Issuance of a writ/direction including a order of writ in the nature of mandamus commanding the respondents to release the compensation amount of the acquired land according to market value after rectification of type of land as 'residential' by the Govt. of Bihar at Village- Gandaul, Than No.-72, Anchal Mahishi, District- Saharsa, which is acquired for construction of Link road with R.C.C. Bridge as enhancement breath of of the existing Road (State Highway) No. 17.

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(ii) Issuance a direction also to of follow all the procedure Acquisition in accordance with RFCTLARR- Act-2013 (Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act-2013) and classify the type of land as 'Residential instead of 'Dhanber-2. or

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Patna High Court CWJC No.25104 of 2018(3) dt.03-02-2026 3/4

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Veeth-2'.

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(iii) Any other relief/reliefs may be granted to petitioners as he is found entitled to in the facts and circumstances of the case for the ends of Justice.

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The matter relates to Land Acquisition Case No. 04

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of 2013-14 for construction of Link road with R.C.C. Bridge over Kosi river. The petitioners’ claim is that their lands also were part of the compensation.

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It is to be noted that altogether number of petitioners have approached this Court in single writ petition and in that background, the claim put forward by them have to be adjudicated individually. The document also shows that notices were issued to them individually, though they chose to submit objection by way of representation of altogether 79 persons.

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Learned State Counsel submits that notices were issued, it is not the further claim of the petitioner that award has not been prepared and if they have not provided documents/payment not taken, they have to move before appropriate authority challenging the award.

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This Court is also of the view that the Government by way of advertisement took steps for the acquisition of the land, petitioners were individually noticed, they should have moved forward along with their separate documents to satisfy the authority so that appropriate compensation is extended to them. In

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Patna High Court CWJC No.25104 of 2018(3) dt.03-02-2026 4/4

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case, they have any objection, would have moved before appropriate authority.

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As no further development is on record, the writ petition is disposed of with the following observations:

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(i) if the petitioners have received the award with/without protest, the remedy lies before appropriate authority for enhancement of compensation;

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(ii) if pursuant to the said notice, they have not forwarded their claim, are required to submit their individual document to satisfy the authority both on the bonafide of their claim as also the upgradation of category.

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It goes without saying that if such individual petitions come, the same has to be taken to its logical conclusion.

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The writ petition is disposed of with aforesaid observations.

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List this case on 20.02.2026 under the heading ‘To Be Mentioned’ to peruse the receipt showing payment made by the Circle Officer, Mahishi, Saharsa to Mr. Shashank Shekhar Jha, learned counsel for the petitioner.

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(Rajiv Roy, J)

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Vijay Singh/-

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U

Rakesh Roshan Choudhary and Ors. v. The State Of Bihar and Ors.

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Rakesh Roshan Choudhary and Ors. v. The State Of Bihar and Ors.

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