Mithilesh Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11447 of 2017 ====================================================== Mithilesh Kumar Singh son of Bindeshwar Singh, Residence of VillageKulhariya, P.S.- Kulhariya, District- Bhojpur. ... ... Petitioner/s

Versus

1.

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

The Commissioner, Patna.

3.

The Collector, Bhojpur at Ara.

4.

The Addl. Collector, Bhojpur at Ara.

5.

The Land Reform District Collector, Bhojpur at Ara. 6.

The District Land Acquisition Officer, Bhojpur at Ara. 7.

The Sub-Div. Magistrate cum Addl. Land Acquisition Bhojpur at Ara. 8.

The Circle Officer, Koilwar Circle, Koilwar, District- Bhojpur. 9.

The Circle Inspector, Koilwar Circle, Koilwar, District- Bhojpur. 10.

The Halka Karmchari, Koilwer Circle, Koilwer, District - Bhojpur \ ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kamlesh Kumar, Advocate :

Ms. Kahkashan Alam, Advocate For the State :

Mrs. Nutan Sahay, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-02-2026 Heard Mr. Kamlesh Kumar, learned counsel for the petitioner duly assisted by Ms. Kahkashan Alam and Mrs. Nutan Sahay, learned AC to AAG-12 representing the State.

2. The present petition has been preferred for the grant of following relief(s):

"(i) the quashing of entire land acquisition proceeding by which land is being acquired for highway bridge and State Highway (from Babura to Dorigunj) in Mauza Dhandiga,

Patna High Court CWJC No.11447 of 2017(2) dt.10-02-2026 2/3 Revenue Thana 133 in District of Bhojpur in non compliance of the provision under section 5A and section 9 in pursuant to section 4 & 9 of the land acquisition Act 1894.

(ii) further quashing proceeding non of the said compliance of the provision of section '9' in perusing to the declaration under section 6 as published on 6.12.2012 in daily news paper under L.A. Act 1894.

(iii) further to declare that the land acquisition proceeding initiated under L.A. Act 1894 is lapsed on the ground in terms of section 24 of the New Act 2013 as compensation and the Right to fair Transparency in land Acquisition Rehabilitation and Resettlement Act, 2013. Hereinafter short referred as R.F. C.T. L.A. R.R. Act 2013 and still till date physical possession of the land in question has not been taken nor the compensation has been paid to the petitioner by the respondent.

(iv) to declare that quantum of award has been made under either old or new Act is

Patna High Court CWJC No.11447 of 2017(2) dt.10-02-2026 3/3 invalid in non compliance of provision of L.A. Act 1894.

(v) after the quashing of entire acquisition proceeding, direction be given to the respondent Authorities to initiate the fresh proceeding for the land in question under FCTLARR Act 2013 or to calculate and to determine the quantum of Award for the land in question accordance with the provision laid down under sec. 26 to 30 of the new Act 2013 or w.e.f. 01.01.2014 to the petitioner as so he submitted representation earlier to the respondents.

(vi) any other relief/ reliefs be granted to the petitioner as entitled in eye of law."

3. After some arguments, learned counsel for the petitioner submits that he shall be approaching the appropriate authority for the redressal of the grievance.

4. Granting said liberty, the writ petitions is disposed of.

(Rajiv Roy, J) vinayak/- U