Binay Kumar Gupta And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17786 of 2016 ====================================================== Binay Kumar Gupta and Anr ... ... Petitioner/s

Versus

The State Of Bihar and Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar, Advocate For the Respondent/s :

Mr. Raj Kishore Roy- Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present petition has been preferred for following reliefs:

"For issuing writ of mandamus or any other appropriate writ(s), order(s), direction(s) etc. commanding the respondent authorities to prepare award of compensation in favour of the petitioners for their acquired land pertaining to mauza Sebanan, Thana no.- 420, Khata No. 22/95, Plot no. 1280 Area 0.14 acre treating same as commercial in terms of Arbitral order dated 9.01.2016 the learned by passed Additional Collector-cum-Arbitrator, Jehanabad and consequently pay compensation at commercial rate taking into account the present Commercial Value of acquired land and/or pass any other order which may be fit and proper in the facts and circumstances of this case."

Patna High Court CWJC No.17786 of 2016(2) dt.19-08-2025 2/3

3. The case of the petitioner is that his land was taken for the construction/widening of National Highway-83, but the award was prepared treating it as an agricultural land. Aggrieved by the same, petitioner moved before this Court in C.W.J.C. No.2718 of 2015, which was disposed of on 30.09.2015 directing the respondents to take a decision in the matter.

4. Pursuant thereto, the respondents on the basis of reports submitted by the Circle Officer, passed an order treating it to be a commercial land and, accordingly, directed the District Land Acquisition Officer, Jehanabad to prepare award on commercial rate.

5. The National Highway Authority of India has also filed a counter affidavit and according to it, being aggrieved by the order treating the land to be commercial, under Section 34 and 36 of the Arbitration and Conciliation Act, 1996, they have preferred Miscellaneous Case No.13 of 2018 before the competent Civil Court, Gaya.

6. Learned counsel for the petitioner submits that as the National Highway Authority of India has preferred a petition, they shall be contesting the same.

7. Needless to add, once the petitioners appear, the concerned Court shall see to the matter and requested to

Patna High Court CWJC No.17786 of 2016(2) dt.19-08-2025 3/3 expedite the same.

8. This petition is disposed of with the aforesaid observation.

(Rajiv Roy, J) anand/- U