Gajadhar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7473 of 2026 ====================================================== 1.

Gajadhar Prasad Son of Late Dudhnath Prasad, Resident of Mohalla- Gandhi Chowk, Ward No. 35, Circle No. 5, P.O.- Chapra, P.S.- Chapra City, DistrictSaran, Bihar- 841301. 2.

Sanjay Sharma @ Sanjay Kumar Sharma, Son of Late Prabhunath Sharma, Resident of Mohalla- Gandhi Chowk, Ward No. 35, Circle No. 5, P.O.- Chapra, P.S.- Chapra City, District- Saran, Bihar- 841301. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Old Secretariat, Patna- 800015. 2.

The District Magistrate cum Collector, Saran at Chapra, Collectorate Building, Chapra, District- Saran, Bihar- 841301. 3.

The District Land Acquisition Officer (DLAO), Saran at Chapra, Collectorate Building, Chapra, District- Saran, Bihar- 841301. 4.

The Land Acquisition, Rehabilitation and Resettlement (LARR) Authority, Chapra, District- Saran through its Registrar. 5.

The Executive Engineer, Bihar State Road Development Corporation Limited (BSRDCL), Chapra, District- Saran, Bihar- 841301. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harsh Kaushal, Advocate Mr. Yashraj Bardhan, Advocate Mrs. Annapurna Sinha, Advocate Ms. Anjali Tulsyan, Advocate For the Respondent/s :

Mr. Additional Advocate General (7) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-06-2026 Heard Mr. Yashraj Bardhan, learned counsel for the petitioner and the State.

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

"i. For directing the Respondent The Land Acquisition, Rehabilitation and Resettlement

2/4 Authority Authority (LARR) to immediately expedite and conclude the proceedings in (Land Acquisition Case No. 231/2023) LA Case No. 229 of 2023 (Gajadhar Prasad vs. State of Bihar) and the related reference case of (Land Acquisition Case No. 231/2023Sanjay Sharma. These cases pertain to the enhancement of compensation for prime commercial lands acquired for the Double Decker Flyover construction at Mauza PaschimariTelpa. The Respondents must be directed to pass a final award within a specific time-bound period of three months to prevent further financial ruin.

ii. For directing the District Land Acquisition Officer to execute a formalized reconciliation of the account of compensation based on the commercial circle rate of Ward No. 35 instead of the residential rate of Ward No. 38. The technical classification of the land as Ward No. 38 is ex-facie erroneous and was done solely to deprive the Petitioners of their rightful compensation under the RFCTLARR Act, 2013.

3/4 Such a reconciliation of the ward classification and account is necessary to uphold the principles of fair market valuation as mandated by law.

iii. Pending final adjudication, this Honorable Court may graciously be pleased to pass a MANDATORY INTERIM DIRECTION commanding the Respondent DLAO to release the undisputed portion of the compensation to the Petitioners. This interim payment is crucial to prevent the absolute financial ruin of the Petitioners, particularly Sanjay Sharma who is a chronic cardiac patient requiring expensive medical care. Without this immediate relief, the Petitioners will suffer an irreparable loss of their primary source of livelihood and physical sustenance.

iv. For any other relief including protection to the Right to Livelihood and Right to Property of the Petitioners as guaranteed under Articles 14, 21 and 300A of the Constitution of India. This Honorable Court holds the inherent and extraordinary power to mold the relief to serve

4/4 the ultimate ends of justice. The Petitioners respectfully pray for any such equitable order that this Court deems fit and proper in the unique facts of the present case."

3. After some arguments, learned counsel for the petitioner submits that he may be permitted to withdraw the petition with liberty to approach appropriate authority for the redressal of the grievance.

4. Granting said liberty, the writ petition stands disposed of.

(Rajiv Roy, J) Adnan/- U