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Patna High Court
Ramashray Singh vs The State Of Bihar on 22 January, 2026
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.540 of 2026
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1. Ramashray Singh S/o Late Sakaldeo Singh
2. Krishna Nandan Singh, S/o Late Sakaldeo Singh
Both resident of village- Goshrawan, P.S.- Giriyak, Disrtrict- Nalanda,
Bihar, (803115).
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Secretary, Department of Revenue and Land Reforms, Government of
Bihar, Patna.
3. The Secretary, Department of Road Construction, Government of Bihar,
Patna.
4. The District Magistrate Nalanda, At Biharsharif, District- Nalanda.
5. The Additional Collector, Land Reforms, Nalanda At Biharsharif, District-
Nalanda.
6. The Deputy Collector Incharge cum Secretary, Public Grievance Cell
Nalanda at Biharsharif, District- Nalanda.
7. The District Land Acquisition Officer, Nalanda At Biharsharif, District-
Nalanda.
8. The Circle Officer (C.O.), Giriyak, District- Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aaruni Singh, Advocate
For the Respondent/s : Mr.Majid Mahbood Khan, Advocate
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 22-01-2026
Heard learned counsel appearing on behalf of the
petitioners and the land counsel for the State.
2. The petitioners in paragraph no. 1 of the present
writ petition have sought inter alia following relief(s), which is
reproduced hereinafter:-
"A. For issuance of an appropriate writ order or
direction commanding the respondents to pay the
Patna High Court CWJC No.540 of 2026 dt.22-01-2026
2/6
compensation amount to the petitioners at an
enhanced rate as per claim made in representation
date 06-06-2013, Petition dated 25-08-2014 as well
as 20-03-2015 for the land of the Petitioners which
has been acquired under emergent process while
Notification dated 06-12-2013 and Declaration
dated 09-12-2013 published in District Gazettes
bearing P.R. No. 104/2013-14 for constriction of
Pawapuri-Ghosrawan Road, situated in village
Ghosrawan, Thana No.-309, Anchal-Giriyak,
District-Nalanda.
B. For issuance of an appropriate writ order or
direction commanding the Respondents to dispose
of the Representation date 06-06-2013 as well as
20-03-2015
filed by the present Petitioners along
with others before the District Land Acquisition
Officer Patna, District- Patna with a prayer to pay
the remaining compensation amount and also to
enhance the rate of the land of the Petitioners.
C. For issuance of an appropriate writ order or
direction commanding the Respondents either to
pay the compensation amount at an enhanced rate
as per claim made in Representation date 06-06-
2013. Petition dated 25-08-2014 as well as 20-03-
2015 to the Petitioners for the land of the
Petitioners which has been acquired under
emergent process or de-notify the said Notification
by releasing the land of the Petitioners by handing
over the possession over the land which has been
acquired.
D. For issuance of an appropriate writ order or
commanding the Respondents to make reference of
the land Acquisition Case No. 10 of 2014-2015 to
concern Land Acquisition Judge for re-evaluation
of the land which initiated by the authorities on the
Petition filed by the present Petitioners before the
District Land Acquisition Officer District-Nalanda
with a prayer to enhance the rate of the land of the
Petitioners.
E. For any other relief of reliefs for which
Patna High Court CWJC No.540 of 2026 dt.22-01-2026
Petitioners are entitled in the opinion of this
Hon'ble High Court."
3. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners are raiyat and their
land was acquired for the purpose of construction of Pawapuri-
Ghosrawan Road.
4. The description of the land has been mentioned in
Paragraph No.4 of the writ petition.
5. Before acquisition of the land, the petitioners were
given opportunity to file their objection and the petitioners did
so by filing an objection as per the provisions of Bihar
Agriculture Land (Conversion for Non-Agriculture Purposes)
Act, 2010 (hereinafter to be referred as the 'Act, 2010') and the
petitioners were paid the required compensation.
6. Learned counsel appearing on behalf of the
petitioners informs that for similar relief(s), other family
members of the petitioners had approached this Court by filing
CWJC No.14048 of 2017 (Kanti Devi & Anr. Vs. The State of
Bihar & Ors.) for making payment of required compensation on
the basis of MVR in respect of the commercial land.
7. Learned counsel further informs that the petitioners
had received compensation, as per the award, in the year, 2015
under protest and now the petitioners by filing the present writ
Patna High Court CWJC No.540 of 2026 dt.22-01-2026
petition seeks difference amount of compensation after
declaring their land to be 'commercial land'.
8. Per contra, Mr. Majid Mahboob Khan, learned
counsel appearing on behalf of the State is opposing the reliefs,
as prayed for in the present writ petition, on the ground that the
land falling in the vicinity of the petitioners to be commercial
land, as per the report of the Sub Registrar of the district
prepared on the basis of Market Value Register (MVR)
determined by the State Government for commercial land, as
such, the petitioners are not entitled for any reliefs as prayed for
in the present writ petition, as till date, the land of the petitioners
is recorded as agricultural land and not non-agricultural land.
9. Heard the parties.
10. Having considered the rival submissions made on
behalf of the parties, I find that it is admitted that the petitioners
have been paid compensation in the year, 2015, under protest,
which had been fixed for agriculture land and thereafter, the
petitioners filed a representation before the District Land
Acquisition Officer, Nalanda on 06.06.2013 and also before the
District Magistrate-cum-Collector, Nalanda on 25.08.2014 to
make payment of the compensation for commercial land as
fixed in MVR but they have not heed to the said request made
Patna High Court CWJC No.540 of 2026 dt.22-01-2026
by the petitioners.
11. This Court finds that recently the State
Government has come out with Bihar Agriculture Land
(Conversion for Non-Agricultural Purposes) Act, 2010 for
conversion of agricultural land to non-agricultural purpose after
making payment of required conversion fee at the rate of current
market value.
12. After coming into force of Act, 2010, the land of
the petitioners was acquired on 06.12.2013, as such, the
petitioners are themselves responsible for not getting their land
converted into non-agriculture land, which was being used for
commercial purpose and the rent was also being paid on the
basis of revenue fixed for commercial land and it has been
supported by the report of the Circle Officer, Giriyak as
contained in Letter No.992 dated 28.09.2013 and the Sub
Registrar, Rajgir, as contained in Letter No.93 dated 02.03.2015.
13. In view of the admitted position, as well as, the
provision of Act, 2010, report of the Circle Officer, Nalanda,
report of the Sub Registrar and the MVR fixed for the land in
the vicinity where the land of the petitioners is located, I find
that the petitioners may approach the Competent Authority, who
is the Sub-divisional Officer, as per the provision of Section 5 of
Patna High Court CWJC No.540 of 2026 dt.22-01-2026
Act, 2010, however, this will not come in the way of the District
Land Acquisition Officer concerned for making payment of the
required compensation at the rate of commercial value of the
land, which was prevalent in the year, 2015 when the petitioners
had admittedly accepted the amount of compensation calculated
on the basis of MVR relating to the agriculture land though
under protest.
14. The above exercise is required to be completed
well within a period of three months from the date of passing of
this order.
15. With the above observation/direction, the present
writ petition stands disposed of.
(Purnendu Singh, J)
chn/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.01.2026
Transmission Date NA
