Girish Nandan Prasad And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10685 of 2016 ====================================================== 1.1. Nita Prasad Widow of Late Girish Nandan Prasad, Resident of 119, MIG House, (Housing Colony) Kankarbagh, P.O. Lohia Nagar, District Patna - 800020.
1.2. Jaya Priya D/o late Girish Nandan Prasad, Resident of 119, MIG House, (Housing Colony) Kankarbagh, P.O. Lohia Nagar, District Patna - 800020. 1.3. Raj Abhishek Son of late Girish Nandan Prasad Resident of 119, MIG House, (Housing Colony) Kankarbagh, P.O. Lohia Nagar, District Patna - 800020.
1.4. Rama Priya Sinha D/o Late Girish Nandan Prasad Resident of 119, MIG House, (Housing Colony) Kankarbagh, P.O. Lohia Nagar, District Patna - 800020.
2.
Ram Nandan Prasad 3.
Hari Nandan Prasad 4.
Jagdish Nandan Prasad all sons of Late Krishna Dev Prasad resident of 119 MIG House , Kankarbagh, P.O Lohia Nagar, District Patna ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Chief Secretary, Government of Bihar,Patna 3.
The Secratary , Chief Minister Secretariat, Patna 4.
The Secretary, Revenue and Land Aquisition Department, Government of Bihar, Patna 5.
The Commissioner, Patna 6.
The Collector-cum-District Magistrate, Patna 7.
The Secretary, Rural Work Department, Work Division, Patna 8.
The Executive Engineer, Rural Work Department, Work Division, Patna 9.
The Additional Collector Patna 10.
The District Land Aquisition Officer, Patna 11.
The Circle Officer, Patna ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kishore Verma, Advocate For the State :
Mrs. Anuradha Singh, SC-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-02-2026 Heard Mr. Jitendra Kishore Verma, learned counsel
2/4 for the petitioner and Ms. Shatabdhi Sinha, leared AC to SC-21.
2. The present petition has been preferred for the grant of following relief(s):
"(i) to issue writ(s)/order(s)/direction(s) writ in the nature of mandamus commanding the respondents concerned to pay compensation in terms of provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (herein after referred to New Land Acquisition Act, 2013) in respect of 0.31 acres (approx) raiyati lands of the petitioners situated at village Sheikhpura, Thana No. 111, Circle Office Sampatchak, Patna which forms part of lands of Khata No. 125, Plot No. 515 & 516 & Khata No. 132 plot no. 776 which have been illegally occupied by the respondents/state for construction of road without any acquisition proceeding and payment of compensation or consent of the petitioners along with penal interest for unauthorized occupation thereof till
3/4 date of payment of compensation and/or alternatively restore the possession of those lands together with compensation for illegal occupation in favour of the petitioners who are admitted and/or undisputed owners of the aforesaid lands even according to the record of the State Government.
(ii) that if the report of Municipal Corporation annexed as Annexure- 2 is taken to be correct, the width of the road as prevailing present situation, the respondents authorities may be directed to measure further illegal occupation of petitioner's lands in the aforesaid public road beyond 31 decimals as stated above and pay compensation thereof in terms of the relief as sought for in para 1 in terms of new Land Acquisition Act, 2013.
(iii) any other relief/reliefs your lordships deem fit in the facts and circumstances of the case."
3. The affidavits have been filed by both the parties to show that the compensation amount has been paid to the
4/4 petitioner on 31.01.2026 by the Rural Works Division, Patna.
4. Learned counsel for the petitioner submits that though the payment has been made, by way of supplementary affidavit (Annexure-P/12), he has demonstrated that petition has been preferred on 31.01.2026 before the Executive Engineer, Rural Works Department, Work Division, Patna (respondent no.8) for treating the land to be commercial one and to make payment accordingly as made in the case of the land of the petitioner no.2.
5. Payment has been made, a representation filed duly received in the office of the aforesaid respondent on 02.02.2026.
6. Expecting the same to be taken to its logical conclusion at an earliest preferably within a period of six months. The writ petition is disposed of.
(Rajiv Roy, J) vinayak/- U