Dinesh Sah vs The State Of Bihar
2026 Latest Caselaw 679 Patna

Patna High Court

Dinesh Sah vs The State Of Bihar on 10 March, 2026

Author: Rajiv Roy

Bench: Rajiv Roy

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.7632 of 2023
     ======================================================
     Dinesh Sah son of Late Sukhdeo Sah, Resident of Jadia, Police Station-Jadia,
     District-Supaul.

                                                               ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through Principal Secretary, Revenue and Land Reforms
     Department, Government of Bihar, Patna.
2.   The Director, Land Acquisition Directorate, Revenue and Land Reforms
     Department, Government of Bihar, Patna.
3.   The District Magistrate, Supaul.
4.   The District Land Acquisition Officer, Supaul.
5.   The District Public Complaint Redressal Officer, Supaul.
6.   The Circle Officer, Triveniganj, District-Supaul.
7.   Union of India, New Delhi, Construction of Supaul Araria New Rail Line
     Pariyojna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Uday Chand Prasad, Advocate
     For the Respondent/s   :      Mr.Raj Kishore Roy (Gp18)
     For UOI                :      Mr. Anwar Karim, CGC
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
     ORAL JUDGMENT

Date : 10-03-2026

Heard Mr. Uday Chand Prasad, learned counsel for the

petitioner and Mr. Vivekand Singh, learned counsel for the State.

2. The petitioner has preyed for grant of following

relief:-

"1. That this application is being filed for issuance of writ in the nature of mandamus direction to respondents authority concern to pay compensation amount to the petitioner against the land bearing Khata No.405 Old 1136 New Khesra No.2790 Old 2569 New Area 38 Patna High Court CWJC No.7632 of 2023 dt.10-03-2026

decimal situated at Mauza -Jadia, Chadar No.02, Thana No.299, Anchal -Triveniganj, District-Supaul by declaring the land commercial in place of agricultural which was acquitted by the State of Bhar for the purpose of construction of Supaul Araria New Rail Line Pariyojna and any other appropriate order, direction save and except in accordance with law."

3. From the Supaul Araria New Railway Line Project,

the land of the petitioner (Khesra No.2790 area 33.200) was

acquired. The Award was prepared putting the land in agricultural

category.

4. Aggrieved, the present petition.

5. Learned counsel for the petitioner submits that there

are residential buildings, school, shops and as such it could not be

categorized as agricultural.

6. A counter affidavit has come on behalf of the State

respondents duly signed by the District Land Acquisition Officer,

Supual and they have come up with preliminary objection that

under Right to Fair Compensation and Transparency in Land

Acquisition Rehabilitation and Resettlement Act, 2013 (hereinafter

referred to as 'LARA), the statutory remedy is available to the

petitioner under Section 64 of the Right to Fair Compensation and

Transparency in Land Acquisition Rehabilitation and Resettlement

Act, 2013.

Patna High Court CWJC No.7632 of 2023 dt.10-03-2026

7. This Court is also of the view that the petitioner

should approach the concerned authority.

8. Learned counsel for the petitioner submits that he

shall take appropriate steps and approaching the concerned

authority in next 8 weeks.

9. If such petition is filed, the Authority shall look into

the matter and after noticing the parties, shall be taking the matter

to its logical conclusion expeditiously in accordance with law

keeping in mind that the writ petition was pending before this

Court for the last three years while dealing with delay in filing the

petition.

(Rajiv Roy, J) sanjeev/-