Hazrat Ali Vs The Union of India — Land Acquisition | Patna HC (2026)

Hazrat Ali Vs The Union of India — Land Acquisition | Patna HC (2026)

What the court decided

AI extract

Outcome

Direction to the Divisional Commissioner, Purnia to pass a reasoned order within three months from receipt/production of the order, after hearing the parties including the petitioner; the writ application disposed of accordingly. No enhancement of the award or payment of statutory interest was ordered by this Court.

Issue for consideration

Whether the respondent authorities, particularly Respondent Nos. 4 and 5, were to be commanded to dispose of the petitioner's representation dated 14.12.2020 (Annexure-6 Series) within a stipulated time. +3 more

Ratio / Principle

In view of the submissions that the petitioner ought to have approached the Divisional Commissioner, Purnia and that the District Magistrate, Katihar had referred the matter to the Commissioner, the Court directed the Divisional Commissioner, Purnia to pass a reasoned order.

Key takeaways

The reasoned order was to be passed within three months from receipt/production of the order, after hearing the parties including the petitioner.ratio¶18

Detailed headnote1 paragraphs

Hazrat Ali filed CWJC No. 8718 of 2021 before the Patna High Court seeking directions to the respondent authorities (particularly Respondent Nos. 4 and 5) to dispose of his representation dated 14.12.2020 (Annexure-6 Series) concerning Award Nos. 56 and 62 in L.A. Case No. 31/2016-17, to enhance/modify the award with statutory interest, and to compute compensation per the parameters of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. Counsel for the respondents pointed out that the petitioner had wrongly approached the District Magistrate, Katihar instead of the Divisional Commissioner, Purnia, and that the DM had already referred the matter to the Commissioner. Sourendra Pandey, J (order dt. 12-05-2026) directed the Divisional Commissioner, Purnia to pass a reasoned order within three months from receipt/production of the order after hearing the parties including the petitioner, and disposed of the application accordingly. No case precedent was cited and no monetary figure appears in the judgment.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8718 of 2021

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

Hazrat Ali

... ... Petitioner/s Versus The Union of India ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Onkar Nath, Advocate For the Respondent/s : Mr. Dr. K. N. Singh (ASG) ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

5 12-05-2026 Heard the learned counsel for the parties.

The present application has been preferred for grant

of following relief(s) :-

(i) Commanding the respondent authorities particularly the Respondent Nos. 4 and 5 not only to dispose off the representation dated 14.12.2020 (Annexure -6 Series) within stipulated time and period but also to enhance / modified the award amount with regard to L.A. Case No. 31/2016-17 consisting Award No. 56 and 62 and pay the same amount alongwith statutory interest.

(ii) Further, commanding the respondent authorities to follow with the provisions of

Patna High Court CWJC No.8718 of 2021(5) dt.12-05-2026 2/3

Right to Fair Compensation and

Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 for the purpose of computation / consideration of the award to the tune of parameters as laid down therein.

(iii) Grant of any consequential or incidental relief/ reliefs, for which the petitioner can be found entitled for.

Learned counsel for the petitioner submits that prior to filing the present writ application, the petitioner had made a representation on 14.12.2020 with regard to Award Nos. 56 and 62 praying therein to enhance or modify the award and pay the same along with statutory interest.

Learned AC to GP 15 submits that the petitioner had wrongly moved before the District Magistrate, Katihar and in fact he ought to have moved before the Divisional Commissioner, Purnia for redressal of his grievances. Learned counsel has further pointed out that the District Magistrate, Katihar had in fact referred the matter to the Commissioner for necessary action.

In view of the aforesaid, the Divisional Commissioner, Purnia is directed to pass a reasoned order

Patna High Court CWJC No.8718 of 2021(5) dt.12-05-2026 3/3

within three months from the receipt/ production of this order, after hearing the parties including the petitioner.

Accordingly, the application is disposed of

with the aforesaid.

(Sourendra Pandey, J)

krishna/deepak/-

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