Kailash Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1612 of 2026 ====================================================== Kailash Mahato Son of Late Dukhit Mahto, Resident of Village- Mirpur Bhual, P.S.- Dighwara, District- Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Department of Land and Revenue, Govt. of Bihar, Patna.

3.

District Collector-cum-Magistrate, Saran at Chapra. 4.

District Land Acquisition Officer, Saran at Chapra. 5.

Addl. District Magistrate, Saran, Chapra.

6.

Circle Officer, Dighwara, Saran.

7.

Chief Engineer, NHAI, New Delhi.

8.

Project Manager, NHAI, Saran, Chapra.

9.

Arbitrator cum Divisional Commissioner, Saran at Chapra ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Mishra, Advocate For the Respondent/s :

Mr.Standing Counsel (4) For NHAI :

Dr. Maurya Vijay Chandra, Advocate Mr. Gaurav Govinda, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-02-2026 Learned counsel for the petitioner prays for and is allowed to implead the Arbitrator cum Divisional Commissioner, Saran at Chapra as opposite party no.09 in course of the day.

2. Heard Mr. Dhananjay Mishra, learned counsel for the petitioner and Dr. Maurya Vijay Chandra for the NHAI beside S.C.-04.

3. The present petition has been preferred for the following relief/s:

Patna High Court CWJC No.1612 of 2026(2) dt.02-02-2026 2/3 (i) for direction to provide compensation on the basis of Govt. rate for the Mauza of Mirpur Bhual as on the rate of Rs. 3,75,000 per decimal in place of Rs. 2,04,000 which is quite contrary to the Government rate chart.

In view of the frets of the land of petitioner on Man Road and it is Residential land situated under Nagar Panchayat Dighwara bearing Khata No. 103, 17, Khesra No. 32, 623, 624, 627 comes in Mirpur Mual Mauza Dighwara Saran and the land is acquired for construction of Dighwara Sherpur link road in which the compensation has been ascertained as Rs. 2,04,000/- per decimal which is quite wrong and the right compensation as per the Government Chart is Rs. 3,75,000 per decimals for the ends of Justice;

(ii) to provide the compensation as per the RFCTLARR АСТ, 2013;

(iii) to provide the interest on delay payment;

Patna High Court CWJC No.1612 of 2026(2) dt.02-02-2026 3/3 (iv) to impose heavy cost upon erring authority who has ignored rate chart of government and ascertained the compensation on wrong basis;

(v) to provide any other relief/reliefs for which the petitioner is entitled for.

3. Learned counsel for the NHAI submits that the petitioner has to move before the newly added respondent Arbitrator cum Divisional Commissioner, Saran at Chapra, respondent no.09 for the redressal of the grievance.

4. In that background, learned counsel for the petitioner submits that in next four weeks proper steps shall be taken for filing an appropriate petition before the concerned respondent.

5. If such petition is preferred, the same shall be taken to its logical conclusion after noticing/hearing all the parties.

6. The writ petition is disposed of.

(Rajiv Roy, J) Ravi/- U