Patna High Court
Bhukhan Yadav vs The State Of Bihar on 4 July, 2025
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15980 of 2022
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Bhukhan Yadav S/o Late Belash Yadav @ Ram Velas Yadav Resident of
Village- Raghunathpur, P.S.- Brahmpur, District- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Bihar, Patna.
2. The District Magistrate-cum-Collector, Buxar.
3. The Additional Collector, Buxar.
4. The Land Acquisition Officer, Buxar.
5. The Project Director, National Highways Authority of India, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Pradhan Murli Manohar Pd., Adv
Mr. Ashasih,Adv
Mr. Raj Kumar. Adv
For the State : Mr. Vivekanand Singh, A.C to G.P 18
For the NHAI : Dr. Maurya Vijay Chandra
Mr. Gaurav Govinda
Ms. Preety Ranjan
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
Date : 04-07-2025
On 29.04.2025, the following detail order was passed:-
In the instant petition,
petitioner has prayed for the following
relief:-
(i) To issue an appropriate order/s,
direction/s including a writ preferably in the
nature of CERTIORARI for quashing the
decision dated 29-02-2020 of six members
committee headed by the District Magistrate,
Buxar whereby and where under after local
inspection land of the petitioner appertaining
to Khesara NO 186 has been classified as
agricultural in place of Residential in nature
contrary to the entry made in revisional survey
Khatiyan in which mentions nature of land is
Patna High Court CWJC No.15980 of 2022 dt.04-07-2025
Residential.
(ii) To direct the respondents to make the
payment of adequate compensation to the petitioner
whose land appertaining to Thana NO. 240, Khesara
N. 186 area 8 decimal, Khata NO. 869 situated in
mauza Mahrajganj within Brahmpur P.S., District-
Buxar acquired for the purpose of widening of Road
under National Highway NO. 84 considering the
nature of land residential house.
(iii) To direct the respondents to make the
payment of adequate compensation to the petitioner
considering the nature of land residential in terms
of section 26 of the Right to fair compensation and
Transparency in Land Acquisition and
Rehabilitation and Resettlement Act.
(iv) To make the payment of penal
interest to the petitioner with respect to
compensation of acquired land on the ground of
delay and latches on the part of respondents.
(v) For To any other relief/s to which
the petitioner may be found entitled in the facts
and circumstances of the case.
2. Learned counsel for the respondent has
submitted that petitioner has prayed for the relief that
land in question appertaining to Khata No. 69, Khesara
No. 186, Thana No. 240 situated at mauza
Maharajganj, P.S within Brahmpur, P.S District-Buxar
be treated as residential land instead of agricultural
land. For determination of nature of land, the petitioner
has approached this Court which is not maintainable.
3. Re-list this matter on 06.05.2025.
2. Learned counsel for the petitioner submits that petitioner
has only dispute with regard to the nature of land.
3. Learned counsel for the respondent has submitted that for
Patna High Court CWJC No.15980 of 2022 dt.04-07-2025
the purpose of determination of nature of land, there is statutory
provision under Section 3 G (5) of National Highway Act, 1956
and the matter should be referred to the Divisional
Commissioner-cum-arbitrator.
4. Considering the facts and circumstances of the case and
the submissions advanced on behalf of the parties, the present
petition is disposed of with direction to the petitioner to
approach before the Divisional Commissioner-cum-Arbitrator in
terms of Section 3 G (5) of the National Highways Act, 1956 to
raise his grievance within a period of four weeks from the date
of receipt of this order. If the petitioner raises his grievance
before the concerned forum/authority by filing representation
within stipulated period, the concerned forum/authority shall
pass appropriate order on the representation of the petitioner
within a reasonable time from the date of filing of representation
in accordance with law after giving due opportunity of hearing
to the party concerned.
(Alok Kumar Pandey, J)
vashudha/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.07.2025
Transmission Date NA
