Devanand Prasad And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.649 of 2017 ====================================================== 1.
Devanand Prasad son of Late Ram Govind Sah, resident of Village- Nonaur, P.S.- Sahar, District- Bhojpur.
2.
Jitendra Prasad, son of Late Ram Govind Sah, resident of Village- Nonaur, P.S.- Sahar, District- Bhojpur.
... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The District Magistrate-cum-Collector, Bhojpur. 3.
The District Land Acquisition Officer, Bhojpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Mistry, Advocate For the Respondent/s :
Mr. Rishi Raj Sinha -SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-01-2026 Heard Mr. Vinay Mistry, learned counsel for the petitioner and the State.
2. The present petition has been preferred for the following relief(s):
"i) For issuance of a writ in the nature of Mandamus directing the respondents to issue notice under Section 37(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 so that the petitioners could filed their objection in the Land Acquisition Proceeding for construction of "Sakaddi-Nasriganj State Road" as
Patna High Court CWJC No.649 of 2017(3) dt.06-01-2026 2/3 the land of the petitioners was acquired and the measurement was also done by the respondents for the same.
ii) For issuance of a writ in the nature of Mandamus directing the respondents to pay the compensation to the petitioners on the basis of the nature of land and the present market value of the same under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 because the land acquired for construction of "Sakaddi-Nasriganj State Road" is a homestead land.
iii) For issuance of such other writ(s), order(s), direction(s) as your Lordships may deem fit and proper."
3. A counter-affidavit has come on behalf of the respondent nos. 2 and 3 duly signed by the District Land Acquisition Officer, Bhojpur according to which, earlier, the land of the petitioner was left out but later steps have been taken pursuant to the fresh proposal of the Deputy G.M. BSRDC, Patna published in Gazette Notification No. 04 dated
Patna High Court CWJC No.649 of 2017(3) dt.06-01-2026 3/3 20.07.2018.
4. Learned counsel for the petitioner submits that till date, nothing has happened in the matter.
5. As fresh instruction is not available to the State, with the consent of the parties, the writ petition stands disposed of allowing the petitioner to approach the respondent no. 3, the District Land Acquisition Officer, Bhojpur alongwith all the relevant documents who shall after hearing the parties be taking the matter to its logical conclusion at an earliest. (Rajiv Roy, J) Adnan/- U