[Cites 5, Cited by 0]
Patna High Court
Bijendra Kumar vs The State Of Bihar on 16 April, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17426 of 2022
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1. Bijendra Kumar S/o- Doma Rajak Resident of Village- Chiraiyatad, P.O.-
Fakharpur, P.S.- Arwal, Patna, Bihar- 804401.
2. Anil Kumar, S/o Janardhan Prasad Resident of Village- Sinduara, P.O.-
Mahkar, P.S.- Chandi, District- Nalanda, Bihar- 803202.
3. Gita Kumari, W/o Bimlshwar Kumar Chanchal Resident of Village- Dharam
Bigha, P.O.- Naima, P.S.- Telhada, District- Nalanda, Bihar- 801306.
4. Pallavi alias Pallavi Kumari, W/o Sujeet Kumar Resident of - 192, P.C.
Colony, Kankarbagh, P.S.- Kankarbagh, District- Patna, Bihar, Presently
residing at A/404, Kaladeep Apartment, B/H- Dhananjay Tower, 100 Feet
Road, P.S.- Anandnagar, Ahmedabad City, Gujrat- 380015.
5. Surendra Kumar, S/o Ramavatar Prasad Yadav Resident of Village- Bari
pahari, P.O.- Bari Pahadi, P.S.- Agamkuan, District- Patna, Bihar.
6. Jay Prakash Mahto, S/o Late Pokhan Mahto Resident of Village- Bari pahari,
P.O.- Bari Pahadi, P.S.- Sampatchak, Gulzarbagh, District- Patna, Bihar.
7. Bijay Prasad, S/o Rameshwar Prasad Resident of House No.- 1056, Sector
6/D Bokaro Steel City, Haslata, District- Bokaro, State- Jharkhand.
8. Shakuntala Devi, W/o Bijay Prasad Resident of House No.- 1056, Sector
6/D Bokaro Steel City, Haslata, District- Bokaro, State- Jharkhand.
9. Shailesh Kumar Singh, S/o Kapildeo Prasad Resident of Village- Bhuapur,
P.O.- Bhuapur, P.S.- Bhakhitiyarpur, District- Patna, Bihar.
10. Rajani Kumari, W/o Vikash Prasad R/o- Bajrangi Chowk, Jakariyapur, P.S.-
Ramkrishna Nagar, District- Patna, Bihar.
11. Pinki Kumari, Wife of Janardhan Prasad Resident of Village- Near Shanti
Market, 1074 Uma Traders, Mourya Vihar Colony, Kumhrar, P.S.-
Agamkuan, District- Patna, Bihar.
12. Dharambeer Kumar, Son of Ramchandra Prasad Resident of Village-
Kharajama, P.O.- Chandhari, P.S.- Islampur, District- Nalanda, Bihar.
13. Poonam Devi, Wife of Om Prakash Resident of Village- Barah, P.O.- Barah,
P.S.- Harnaut, District- Nalanda, Bihar.
14. Satyadev Prasad Yadav, Son of Jagatpati Yadav Resident of Village- Boudh
Bihar Colony, Naya Tola, Kumhrar, P.S.- Agamkuan, District- Patna, Bihar.
15. Rubi Kumari, Wife of Rupesh Kumar Presently Resident of SMQ- 224/01
Air Force Station, Arjangarh, Aya Ngar, P.S.- Mehrauli, South Delhi, Delhi-
110047.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, at
Patna.
2. Urban Development and Housing Department, Govt. of Bihar, Patna through
the Principal Secretary, District- Patna.
3. Principal Secretary, Urban Development and Housing Department, Govt. of
Patna High Court CWJC No.17426 of 2022 dt.16-04-2026
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Bihar, Patna.
4. Commissioner, Patna Division, District- Patna.
5. District Magistrate-cum-Collector, Patna.
6. District Land Acquisition Officer, Patna, District- Patna.
7. Circle Officer, Sadar, District- Patna.
8. Patna Municipal Corporation, through the Commissioner, District- Patna.
9. Commissioner, Patna Municipal Corporation, District- Patna.
10. Chief Managing Director, Patna Metro Rail Corporation Ltd., Indira Bhawan
7th Floor, Bailey Road, Patna- 800001.
11. Director (Work) Project, Patna Metro Rail Corporation Ltd., Indira Bhawan
7th Floor, Bailey Road, Patna- 800001.
12. Ministry of Jal Shakti, Department of Water Resources, River Development
and Ganga Rejuvenation, through the Project Director, Bihar, at Patna.
13. National Mission for Clean Ganga, Ministry of Jal Shakti, Department of
Water Resources, River Development and Ganga Rejuvenation, through the
Project Director, Vikash Bhawan Bailey Road, Patna, Bihar- 800001.
14. Bihar State Pollution Control Board, Patna, Bihar through its Principal
Secretary, Bihar at Patna.
15. Principal Secretary, Bihar State Pollution Control Board, Bihar at Patna.
16. Archaeological Survey of India, through Regional Director, Patna Circle,
Puratattwa Bhawan, J.C. Road, Anta Ghat, Patna- 800001.
17. Regional Director, Patna Circle, Archaeological Survey of India, Patna.
... ... Respondent/s
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Appearance :
For the Petitioners : Mr. Sumeet Kumar Singh, Advocate
Ms. Deepali Singh, Advocate
Mr. Anmol Kumar, Advocate
Ms. Abhilasha Kumari, Advocate
For the State : Mr. Yogendra Pd. Sinha (AAG -7)
Mr. Deepak Kumar, AC to AAG -7
Fro the Respondents No. 10 & 11: Ms. Anukriti Jaipuriyar, Advocate
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CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL JUDGMENT
Date : 16-04-2026
Heard Mr. Sumeet Kumar Singh, learned Advocate for
the petitioners, Mr. Yogendra Prasad Sinha, learned AAG-7
assisted by Mr. Deepak Kumar, learned AC to AAG-7 and Ms.
Patna High Court CWJC No.17426 of 2022 dt.16-04-2026
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Anukriti Jaipuriyar, learned Advocate for the respondents no. 10
and 11, Patna Metro Rail Corporation Ltd. (PMRCL).
2. The present writ application has been filed for the
following reliefs:
I. That the present writ application is being filed
in the nature of Certiorari for quashing the process of
acquisition published in the daily newspaper "Hindustan"
dated 23.10.2021 (Annexure-P/28) under Section-11(1) of
the Right To Fair Compensation And Transparency in Land
Acquisition, Rehabilitation And Resettlement Act, 2013
(hereinafter referred to as "RFCTLARRA, 2013 for the
sake of Brevity") which has been initiated under the
signature of the District Magistrate, Patna with regard to
50.5950 acres of land bearing Mauja-Pahadi, Revenue PS-
Patna City, Thana No.-14, and 25.35 acres of land and in
Mauja-Ranipur, in Revenue PS - Patna city, Thana No.-19,
Circle-Patna Sadar, District-Patna and, altogether 75.96
acres of land is acquired under Project Patna Metro Rail
Depot Corporation for construction of rail depot yard; on
the ground that the notification dated 23.10.2021 is
incorrect, the process is without following the Social
Impact Assessment (herein after referred as " SIA for the
sake of brevity"), the action is in violation of section-4, 6 &
7 of RFCTLARR Act, 2013, the notification is itself wrong
as the same on the face of record states that there is no
displacement of people and the SIA report is totally
contradictory stating there is displacement of people;
II. That the present writ application is being filed
in the nature of Certiorari for quashing the report of the
Social Impact Assessment in relation to the Patna Metro
Patna High Court CWJC No.17426 of 2022 dt.16-04-2026
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Rail depot Corporation (Annexure-P/21); as the same is
complete violation of section 4, 6 and 7 of the
"RFCTLARRA, 2013"; on the ground that no proper
opportunity of hearing was given to the public at large as
the entire process was conducted during the outbreak of
COVID-19 second wave i.e notice was given on 1.06.2021
and public hearing was done on 4.06.2021, the sample
admittedly is of small size and there is no finding for
alternative land despite of the objections raised by the
affected families for 6 times in S.I.A; there is no giving of
21 days' notice for public hearing as per Rule-11(3) of the
Bihar Right To Fair Compensation And Transparency In
Land Acquisition, Rehabilitation And Resettlement Rules,
2014(herein after referred "Rules, 2014" for the sake of
brevity);
III. That the present writ application is filed in
the nature of Certiorari for quashing the formation of the
technical expert group under Section-7 of RFCTLRRA,
2013 dated 23.06.2021 (Annexure-P/22) by which expert
committee has been constituted; on the ground that the two
members at serial no. 6 and 7 who have been added as two
representatives of the Panchayat, Gram Sabha,
Municipality, or Municipal Corporation as the case may be,
the said members does not belong to the municipality under
which the land is intended to be acquired of ward no.56 or
belong being the representative of any municipality;
IV. That the present writ application is filed in
the nature of Certiorari for quashing the technical expert
report under Section-7 of RFCTLRRA, 2013 dated
30.06.2021
(Annexure-P/23) by which expert committee
has submitted the report; on the ground that the section-
7(2)(b) of the RFCTLRR Act, 2013 has been violated on
Patna High Court CWJC No.17426 of 2022 dt.16-04-2026
the face of the record and in violation of the intention and
objective of the RFCTLRR Act, 2013;
V. That the present writ application is being filed
in the nature of Certiorari for quashing the order dated
02.02.2022 (Annexure-P/29) passed by the District Land
Acquisition Officer, Patna who has been pleased to dismiss
the objection filed by the petitioners except petitioner no.14
under section-15 of the Act; the order passed has not
considered the objection filed by the petitioners, the
objection has been summarily rejected, it is a non-speaking
order, there is no consideration of the law as per the Act by
the District Land Acquisition Officer, Patna, there is no
finding or opinion for alternative land, there is no reason
assigned in the order;
VI. That the present writ application is being
filed in the nature of Certiorari for quashing the order dated
27.01.2022 (Annexure-P/29-A) passed by the District Land
Acquisition Officer, Patna who has been pleased to dismiss
the objection filed by the Petitioner-14 under section-15 of
the Act; the order passed has not considered the objection
filed by the petitioners, the objection has been summarily
rejected, it is a non-speaking order, there is no
consideration of the law as per the Act by the District Land
Acquisition Officer, Patna, there is no finding or opinion
for alternative land, there is no reason assigned in the order;
VII. That the present writ application is being
filed in the nature of Certiorari for quashing the paper
publication dated 11.05.2022(Annexure-P/30) under
section-19 of the "RFCTLARRA, 2013" issued under the
signature of District Magistrate, Patna with regard to
50.5950 acres of land bearing Mauja-Pahadi, Revenue PS-
Patna City, Thana No.-14, and 25.35 acres of land and in
Patna High Court CWJC No.17426 of 2022 dt.16-04-2026
Mauja-Ranipur, in Revenue P.S Patna city, Thana No. 19,
Circle-Patna Sadar, District-Patna and, altogether 75.96
acres of land; on the ground that the notification dated
11.05.2022 is incorrect, the process is without following the
SIA, the action is in violation of section-4, 6 & 7 of
RFCTLARR Act, 2013, the notification is itself wrong as
the same on the face of record states that there is no
displacement of people and the SIA report is totally
contradictory stating there is displacement of people, there
is no proper disposal of the objection in term of section-15
of the RFCTLARRA,2013, there is no public hearing in
terms of Rules, 2014 in the SIA report;
VIII. And pass any such other order/ orders as
this Hon'ble Court deem fit and proper.
3. The learned counsel appearing on behalf of the
petitioners, at the outset, submits that some other persons,
aggrieved with the acquisition in question, had moved before this
Court by filing separate writ applications. The writ applications
were heard together and was disposed of by a judgment dated
21.12.2023. The writ petitioners of one of the writ petitions being
C.W.J.C. No. 7579 of 2022 and some other analogous cases,
moved before this Court by filing Letters Patent Appeal being
L.P.A. No. 45 of 2024 and other cases. It has also been submitted
that apart from the writ petitioners even the Patna Metro Rail
Corporation Ltd. had filed different Letters Patent Appeal assailing
the order of the writ court.
Patna High Court CWJC No.17426 of 2022 dt.16-04-2026
4. The learned counsel next submits that even the State
of Bihar had challenged the order of the writ court by filing several
L.P.As. All the L.P.As. filed on behalf of the writ petitioners,
PMRCL as well as the State were tagged and heard together. It has
been submitted that the leading L.P.A. No. 45 of 2024 along with
the analogous cases was disposed of modifying the judgment
passed by the writ court. The learned counsel for the petitioners
submits that the grievance of the writ petitioners that the entire
acquisition be set aside was not accepted by the Division Bench of
this Court and, therefore, the L.P.A. filed on behalf of the writ
petitioners were dismissed. The L.P.As. filed on behalf of the State
of Bihar and the Metro Rail Corporation Ltd. was though allowed
but with certain modifications in the order of the writ court.
5. The learned counsel for the petitioners submits that
the grievance of the petitioner shall be redressed as of now, if the
instant writ application is disposed of in terms of the order dated
27.02.2025 passed in L.P.A. No. 45 of 2024, which was heard
along with other analogous L.P.As.
6. The learned counsel appearing on behalf of the State
as well as the learned counsel appearing on behalf of Patna Metro
Rail Corporation Ltd. has no objection to the submissions made by
the learned counsel for the petitioners. However, the learned
Patna High Court CWJC No.17426 of 2022 dt.16-04-2026
counsel appearing on behalf of the Patna Metro Rail Corporation
Ltd. informs this Court that the matter relating to the order dated
27.02.2025 passed in L.P.A. No. 45 of 2024 and other analogous
cases, is subjudice before the Hon'ble Supreme Court being SLP
(Civil)- Diary No(s). 39641 of 2025, which has been preferred by
some of the aggrieved writ petitioners.
7. In view of such submissions made on behalf of the
parties, the present writ application is disposed of in terms of the
order dated 27.02.2025 passed in L.P.A. No. 45 of 2024 and other
analogous cases.
(Sourendra Pandey, J)
krishna/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.04.2026
Transmission Date
