Patna High Court
Arvind Ray vs The State Of Bihar on 4 August, 2025
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12516 of 2025
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1. Arvind Ray son of Late Rudal Ray, resident of Village Yusufpur, P.S.-
Lalganj, District- Vaishali.
2. Raghunath Rai, son of Late Rudal Ray, resident of Village Yusufpur, P.S.-
Lalganj, District- Vaishali.
3. Anil Ray, son of Late Rudal Ray, resident of Village Yusufpur, P.S.- Lalganj,
District- Vaishali, presently residing at Mohalla- Rameshwar Malia, 2nd By
Lane V.T.C.- Haora, District- Howrah (West Bengal).
4. Priyanka Kumari, wife of Shri Arun Kumar Singh, resident of village
Bakarpur, P.S. Sonepur, District- Saran.
5. Lalan Kumar, son of Rajendra Rajak, resident of village Bhikhanpura, P.S.-
Desari, District- Vaishali.
6. Kanchan Kumari @ Kanchan Devi, wife of Aditya Prakash, resident of
village Madhurapur, P.S.- Bidupur, District- Vaishali.
7. Pratibha Kumari, wife of Shri Subodh Kumar Yadav, resident of village
Jetkauli, P.S.- Vaishali, District- Vaishali.
8. Amod Kumar, son of Brajnandan Roy, resident of village- Bilka, P.S.-
Vaishali, District- Vaishali.
9. Santosh Kumar, son of Brajnandan Roy, resident of village- Rampur, P.S.-
Lalganj, District- Vaishali.
10. Satyajit Shukla, son of Sidnath Shukla, resident of village- Khanjahachak,
P.S.-Vaishali, District- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary Patna, Bihar.
2. The Chief Secretary, State of Bihar, Patna.
3. The Collector, Vaishali at Hajipur.
4. The Land Acquisition Officer, Vaishali at Hajipur.
5. The Executive Engineer, Vaishali Building Division, Hajipur.
6. The Project Director, Project Implementation Unit, Patna, N.H.A.I
7. The Project Director, Project Implementation Unit, Motihari, N.H.A.I.
8. The Circle Officer, Lalganj, Vaishali.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. D.K. Sinha, Sr. Advocate
Mr. Alexander Ashok, Advocate
For the State : Mr. Sanjay Kumar, AC to G.P. 23
For the Respondent No. 6 and 7 : Mr. Kumar Gautam, Advocate
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Patna High Court CWJC No.12516 of 2025 dt.04-08-2025
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
Date : 04-08-2025
Heard the parties.
2. In the instant petition, petitioners seek following
relief(s):-
That this Writ
application is directed to command
the respondents for payment of
amount against acquisition of
commercial land whereupon
commercial sum residential buildings
have been constructed by the
petitioners for construction of
National High way, 139 W under
Bharat mala Project at Adalwari-
Mahikpur section, of Mauza Yusufpur,
circle Lal Ganj, Vaishali.
3. Learned counsel for the petitioners submits that
petitioner nos. 1, 2 and 3 are owners of land appertaining to khata
No. 356, plot No. 554 and 559 situated at Mauja Yusufpur circle-
Lalganj District- Vaishali out of which 0.02622 hectares of land
have been acquired from plot No. 554 and 0.045729 hectares of
land have been acquired from plot No. 559. Learned counsel
further submits that the said petitioners have inherited the property
as the aforesaid land is ancestral land and accordingly Jamabandi
No. 1444 (Annexure P/2) has been created after partition amongst
the family members and the plot No. 554 and 559 fell in share of
petitioner nos. 1, 2 and 3 and got mutated the same which was
Patna High Court CWJC No.12516 of 2025 dt.04-08-2025
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subsequently acquired. Learned counsel further submits that
petitioner nos. 4, 5 and 6 are owners of part Plot No. 559 under
Khata No. 356, Area- 12 decimal, Mauja- Yusufpur, P.S. Lalganj,
District- Vaishali. He further submits that said petitioners have
purchased the land in question from Shankar Ray through
registered sale deed dated 26.07.2022 and got mutated the same
vide Jamabandi No. 12 (Annexure P/3) and paid rent which was
subsequently acquired. Learned counsel for the petitioners submits
that petitioner No. 7 has purchased part of Plot No. 554 under
Khata No. 356, area- 5.25 decimal from Pramod Ray through
registered sale deed dated 31.08.2022 and got mutated in her favor
vide Jamabandi No. 12 (Annexure P/4) and paid rent which was
subsequently acquired. Learned counsel further submits that
petitioner No. 8 has purchased part of plot No. 559 under khata
No. 356 area 07 decimals vide registered sale deed No. 5821 dated
16.07.2022
and got mutated vide Jamabandi No. 12 (Annexure
P/5) which was subsequently acquired. Learned counsel further
submits that petitioner No. 9 has purchased part of plot No. 559
under Khata No. 356 area- 4 decimal situated at mauja- Yusufpur
circle- Lalganj vide registered sale deed No. 5322 dated
16.07.2022 and got mutated the same vide Jamabandi No. Bhaag
Vartman 12 (Annexure P/6) and paying rent but the said land of
the petitioner No. 9 got acquired. Learned counsel further submits
Patna High Court CWJC No.12516 of 2025 dt.04-08-2025
that petitioner No. 10 purchased part of plot No. 559 under Khata
No. 356 area 5 decimal through registered sale deed No. 5820
dated 16.07.2022 and got mutated the same vide Jamabandi
number Bhaag Vartman- 12 (Annexure P/7) and paying rent but
the said land was acquired. Learned counsel for the petitioners
submits that petitioners have limited grievance that their lands
have been compensated as agricultural land but they are praying to
treat their lands in question which has been acquired by the NHAI
to be residential land as petitioners have residential houses over
their lands. He further submits that Executive Engineer, Building
Construction Division, Hajipur as per requirement by District
Land Acquisition Officer, submitted report about valuation of the
houses of the petitioners situated over the lands in question
(Annexure P/10) but valuation of the existing house have been
denied by the respondent NHAI. He further submits petitioners
have raised their limited grievance before the District Land
Acquisition Officer, Vaishali and the Collector, Vaishali that lands
of petitioners in question be treated as residential nature instead of
agricultural nature but concerned authorities have not paid any
heed to their grievances.
4. Learned counsel for the NHAI and the State
submitted that if petitioners raise their grievance afresh with
regard to the lands in question before the competent authority,
Patna High Court CWJC No.12516 of 2025 dt.04-08-2025
their grievance may be looked into. He further submits that if there
is grievance regarding the nature of land with regard to the
compensation, the same should be redressed under Section 3G (5)
of the National Highway Act, 1956.
5. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, the
present writ petition stands disposed of with direction to
petitioners to file fresh representation before the Divisional
Commissioner-cum- Arbitrator under Section 3G(5) of the
National Highway Act, 1956 within a period of four weeks from
the date of receipt of this order. If the same is filed within the
stipulated period, the concerned authority shall pass appropriate
order within a reasonable period of time preferably with six
months from the date of filing of their representation, as per the
statutory provisions, without being prejudiced by the order passed
by this Court.
(Alok Kumar Pandey, J)
alok/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 06.08.2025.
Transmission Date N/A
