Lalita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5502 of 2026 ====================================================== Lalita Devi Wife of Anil Kumar Sah, Resident of Kamal Nagar Colony, Mirjanhat, Manikpur, Police Station- Mujahidpur, District- Bhagalpur. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Principal Secretary, Revenue and Land Reform Department, Government of Bihar, Patna.
3.
The Divisional Commissioner, Bhagalpur.
4.
The District Magistrate-cum-Collector, Bhagalpur. 5.
The Block Development Officer, Bhagalpur.
6.
The District Land Acquisition Officer, Bhagalpur. 7.
The Chief Engineer, National Highway Authority of India (NH- 80 Project), Munger- Mirzachowki Section.
8.
The Project Director, National Highways Authority of India (NHAI), Bhagalpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Smriti Singh, Advocate For the Respondent/s :
Mr.Mujtabual Haque, GP(12) Mr. Pranoy Kumar, AC to GP-12 For the NHAI :
Mr. Rajesh Kumar Shandliya, Advocte Ms. Ankita Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-04-2026 Heard Ms.Smriti Singh, learned counsel for the petitioner and the State.
2. The present petition has been preferred for the following relief/s:
(i) for issuance of Writ in the nature of Certiorari for quashing the notice/order contained in letter no.12 dated 11.08.2021 in Land Acquisition Case No. 31/2019-20 by
2/4 the Office of the District Magistrate, Bhagalpur stating that the land of the petitioner of area 0.075 acres was being acquired by the government for constriction of four lane in NH-80K (MungerMirzachauki) for condensation аmоunt of only Rs.1, 70,405,37/- (ii) For issuance of Wrist in the native of mandamus or any other appropriate writ for giving directions to the Respondent authorities for giving the adequate compensation for acquiring the land of the petitioner located at Mauza Kanjhia, Thana No. 353, Khata No. 76, Khesra No. -23, P.S.- Nathnagar, District-Bhagalpur admeasuring an area of 0.075 acre by the Government for construction of four lane in NH-80K (Munger Mirzachauki) in accordance of the clrele rate for commercial land;
(ii) for Issuance of necessary direction upon the respondent authorities to prepare fresh award under the Right to Fair Compensation
3/4 and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as Land Acquisition Act, 2013);
(iv) for issuance of any other appropriate writ, order or direction which your Lordships may deem fit and proper in the facts and circumstances of the case.
3. At the outset, learned counsel representing the respondents submits that award stands prepared and compensation amount also taken.
4. If the petitioner is aggrieved by the categorization of the land, remedy is before Arbitrator cum Divisional Commissioner (respondent no.03).
5. This Court is also of the opinion that when such matters are being taken up by the Arbitrator cum Divisional Commissioner, Bhagalpur, the petitioner who has already received compensation, should also move before the concerned authority.
6. In that background, with the consent of the parties, the writ petition is disposed of allowing the petitioner to Arbitrator cum Divisional Commissioner, Bhagalpur,
4/4 respondent no.03 in next four weeks who shall be taking up the matter and after hearing all the parties passing a reasoned order at an earliest preferably by the end of this year. (Rajiv Roy, J) Ravi/- U