Disposed¶35

Manna Prasad Singh v. The State of Bihar

Land acquisition – classification of land as commercial vis-à-vis agricultural

Patna HC21 Apr 2026CWJC/9876/2025

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Case brief

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What is this about?

CWJC 9876 of 2025, Patna High Court, Rajiv Roy, J., decided 21-04-2026; land acquisition compensation; commercial versus agricultural land classification; Baheri Bypass Road 0.00–4.90 K.M., Anchal Baheri, Darbhanga; Section 21(2) and Section 20 of Act 30 of 2013; Gazette Notification No.82; L.A. Case No. 13/2023-24; LARRA as remedy-seeking forum; four-week window with limitation to be considered in view of pendency before High Court; writ petition disposed of, not decided on merits.

What did the court decide?

Liberty to the petitioners to approach the LARRA; if the petition is filed within four weeks, the authorities to look into the matter while dealing with the limitation petition, considering the pendency of the case before the Patna High Court. ¶35

Manna Prasad Singh Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners' lands acquired for the Baheri Bypass Road scheme should be treated as commercial land, with compensation computed at commercial rates, instead of being treated as agricultural land by the Collector, Darbhanga.

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Court's answer

The writ petition is disposed of, allowing the petitioners to approach the Land Acquisition Rehabilitation and Resettlement Authority ('the LARRA') for redressal of their grievance.

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Ratio / Principle

If the petition is filed before the LARRA within four weeks, the authorities shall look into the matter while dealing with the limitation petition, taking into account that the case was pending before the Patna High Court.

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Detailed headnote1 paragraphs

Land acquisition – classification of land as commercial vis-à-vis agricultural – Patna High Court (Rajiv Roy, J.) disposed of CWJC No. 9876 of 2025 filed by eight landowners of village Samadhpura, P.O./P.S. Baheri, District Darbhanga, whose plots (various khata/khesra numbers under Thana No. 80, Anchal Baheri) were marked out for the Baheri Bypass Road (0.00 to 4.90 K.M.); grievance that the Collector, Darbhanga was treating their commercial land as agricultural land and computing compensation at agricultural rates, despite notice under Section 21(2) of Act 30 of 2013 vide Gazette Notification No.82 and claims/objections under Section 20 of Act 30 of 2013, and despite registered sale deeds and revenue records allegedly showing commercial character. After counsel for the petitioners submitted that he would approach the Land Acquisition Rehabilitation and Resettlement Authority ('the LARRA'), and with no opposition from the respondents, the Court disposed of the writ petition allowing the petitioners to approach the LARRA, and directed that if the petition is filed within four weeks the authorities shall look into the matter while dealing with limitation, the case having been pending before the Patna High Court.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9876 of 2025

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Manna Prasad Singh Son of Late Ram Bilas Singh, Resident of Samadhpura, P.O. and P.S- Baheri, District- Darbhanga.

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Vijay Kumar Singh Son of Late Raj Kishore Singh, Resident of Samadhpura, P.O. and P.S. Baheri, District- Darbhanga.

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Ram Bahadur Singh Son of Late Ram Kisun Singh, Resident of Samadhpura, P.O. and P.S.- Baheri, District- Darbhanga.

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Umesh Prasad Singh Son of Late Ram Pravesh Singh, Resident of Samadhpura, P.O. and P.S.- Baheri, District- Darbhanga.

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Avinash Kumar Son of Late Tej Narayan Jha, Resident of Samadhpura, P.O. and P.S.- Baheri, District- Darbhanga.

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Ram Bharosa Singh Son of Late Ram Nihora Singh, Resident of Samadhpura, P.O. and P.S.- Baheri, District- Darbhanga.

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Nitesh Kumar Singh Son of Late Ram Sohag Singh, Resident of Samadhpura, P.O. and P.S.- Baheri, District- Darbhanga.

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Ramesh Prasad Singh Son of Late Kameshwar Singh, Resident of Samadhpura, P.O. and P.S.- Baheri, District- Darbhanga.

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... ... Petitioner/s Versus

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The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

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The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

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The Commissioner, Darbhanga Division, Darbhanga.

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The District Magistrate-cum-Collector, Darbhanga.

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The District Land Acquisition Officer, Darbhanga.

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The Circle Officer, Baheri Anchal, Darbhanga.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar, Adv. For the Respondent/s : Mr. Sitaram Yadav, GP-16 Mr. Yatindra Narayan, AC to GP-16 ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 21-04-2026 Heard the parties.

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The present application has been preferred for the

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following relief(s):

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Patna High Court CWJC No.9876 of 2025(2) dt.21-04-2026 2/4

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for issuance of writ, writs, order, orders, direction, directions to the respondent authorities specially the respondent District Magistrate-cumCollector, Darbhanga to treat the land of the petitioners under Thana No.80, Anchal Baheri, having (1) Khata No. 342, Khesra No. 1404, Area 0.1325 Acre, & Khata no. 343, Khesra No. 1619, area 0.005 acres. (2) Khata No. 272, Khesra No. 1408, Area0.165 Acre, and Khata No. 463, Khesra No. 1421, area 0.015 acre (3) Khata No. 309, Khesra No. 1624, area 0.0325 Acre (4) Khata No. 342, Khesra No. 1405, Area 0.12 acrees, (5) Khata no.241, Khesra no. 1621 area 0.1275 acres. (6) Khata no. 313, Khesra No. 1456 area 0.015 acre (7) Khata No. 348, Khesra No. 1422 area 0-0925 acres (8) Khata No. 342 Khesra No. 1406, area 0.12 acres. situated in or near the village- Samadhpura, marked out and measured taken by the government for the scheme Baheri Bypass Road 0.00 to 4.90 K.M. construction of Bypass Road, a notice has been published under Section 21 (2) of the Act 30 of 2013vide Gazette Notification No.82 for the settlement of claim and objection, if any, made under Section 20 of Act 30 of 2013 whereby and where under the Collector, Darbhanga is treating commercial land as

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Patna High Court CWJC No.9876 of 2025(2) dt.21-04-2026 3/4

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agricultural land and the compensation is calculated in terms of agricultural land which cannot be compensated with the commercial land as the rate of the commercial land for the compensation much higher than the agricultural land, compelling the petitioners approach this Hon'ble Court to direct the Collector, Darbhanga to treat the petitioners' land commercial on the basis of the sale deeds of the several plots treating the land of commercial rate as well as the revenue records indicative that the lands are of commercial land as the shops are situated both side of the main road for which the petitioners made L.A. Case No. 13/2023-24.

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And further be pleased to direct the Collector, Darbhanga that fair decision be taken after enquiry report with respect to the types of land and the cost of the rate of registry in terms of commercial land is mentioned in the registered sale deeds as well as the revenue records indicatives the lands of the petitioners are not agricultural land producing two crops.

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And further be pleased to pass such other order, or orders as your Lordship may deem fit and proper in the facts and circumstances of the present case.

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After some argument, learned counsel for the

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Patna High Court CWJC No.9876 of 2025(2) dt.21-04-2026 4/4

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petitioner submits that he shall be approaching the Land Acquisition Rehabilitation and Resettlement Authority (henceforth for short ‘the LARRA’) for the redressal of the grievance.

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There is no opposition from the other side.

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In that background, the writ petition is disposed of allowing the petitioner to approach ‘the LARRA’ and if the petition is filed in next four weeks, the authorities shall look into the matter while dealing with the limitation petition as the case was pending before Patna High Court.

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(Rajiv Roy, J)

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Vijay Singh/-

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Manna Prasad Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Manna Prasad Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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