Manna Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9876 of 2025 ====================================================== 1.

Manna Prasad Singh Son of Late Ram Bilas Singh, Resident of Samadhpura, P.O. and P.S- Baheri, District- Darbhanga.

2.

Vijay Kumar Singh Son of Late Raj Kishore Singh, Resident of Samadhpura, P.O. and P.S. Baheri, District- Darbhanga. 3.

Ram Bahadur Singh Son of Late Ram Kisun Singh, Resident of Samadhpura, P.O. and P.S.- Baheri, District- Darbhanga. 4.

Umesh Prasad Singh Son of Late Ram Pravesh Singh, Resident of Samadhpura, P.O. and P.S.- Baheri, District- Darbhanga. 5.

Avinash Kumar Son of Late Tej Narayan Jha, Resident of Samadhpura, P.O. and P.S.- Baheri, District- Darbhanga.

6.

Ram Bharosa Singh Son of Late Ram Nihora Singh, Resident of Samadhpura, P.O. and P.S.- Baheri, District- Darbhanga. 7.

Nitesh Kumar Singh Son of Late Ram Sohag Singh, Resident of Samadhpura, P.O. and P.S.- Baheri, District- Darbhanga. 8.

Ramesh Prasad Singh Son of Late Kameshwar Singh, Resident of Samadhpura, P.O. and P.S.- Baheri, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The Commissioner, Darbhanga Division, Darbhanga. 4.

The District Magistrate-cum-Collector, Darbhanga. 5.

The District Land Acquisition Officer, Darbhanga. 6.

The Circle Officer, Baheri Anchal, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Respondent/s :

Mr. Sitaram Yadav, GP-16 Mr. Yatindra Narayan, AC to GP-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-04-2026 Heard the parties.

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

2/4 for issuance of writ, writs, order, orders, direction, directions to the respondent authorities specially the respondent District Magistrate-cumCollector, Darbhanga to treat the land of the petitioners under Thana No.80, Anchal Baheri, having (1) Khata No. 342, Khesra No. 1404, Area 0.1325 Acre, & Khata no.

343, Khesra No. 1619, area 0.005 acres. (2) Khata No. 272, Khesra No. 1408, Area0.165 Acre, and Khata No. 463, Khesra No. 1421, area 0.015 acre (3) Khata No. 309, Khesra No. 1624, area 0.0325 Acre (4) Khata No.

342, Khesra No. 1405, Area 0.12 acrees, (5) Khata no.241, Khesra no. 1621 area 0.1275 acres. (6) Khata no. 313, Khesra No. 1456 area 0.015 acre (7) Khata No. 348, Khesra No. 1422 area 0-0925 acres (8) Khata No.

342 Khesra No. 1406, area 0.12 acres.

situated in or near the village- Samadhpura, marked out and measured taken by the government for the scheme Baheri Bypass Road 0.00 to 4.90 K.M. construction of Bypass Road, a notice has been published under Section 21 (2) of the Act 30 of 2013vide Gazette Notification No.82 for the settlement of claim and objection, if any, made under Section 20 of Act 30 of 2013 whereby and where under the Collector, Darbhanga is treating commercial land as

3/4 agricultural land and the compensation is calculated in terms of agricultural land which cannot be compensated with the commercial land as the rate of the commercial land for the compensation much higher than the agricultural land, compelling the petitioners approach this Hon'ble Court to direct the Collector, Darbhanga to treat the petitioners' land commercial on the basis of the sale deeds of the several plots treating the land of commercial rate as well as the revenue records indicative that the lands are of commercial land as the shops are situated both side of the main road for which the petitioners made L.A. Case No. 13/2023-24.

And further be pleased to direct the Collector, Darbhanga that fair decision be taken after enquiry report with respect to the types of land and the cost of the rate of registry in terms of commercial land is mentioned in the registered sale deeds as well as the revenue records indicatives the lands of the petitioners are not agricultural land producing two crops.

And further be pleased to pass such other order, or orders as your Lordship may deem fit and proper in the facts and circumstances of the present case.

3. After some argument, learned counsel for the

4/4 petitioner submits that he shall be approaching the Land Acquisition Rehabilitation and Resettlement Authority (henceforth for short 'the LARRA') for the redressal of the grievance.

4. There is no opposition from the other side.

5. In that background, the writ petition is disposed of allowing the petitioner to approach 'the LARRA' and if the petition is filed in next four weeks, the authorities shall look into the matter while dealing with the limitation petition as the case was pending before Patna High Court.

(Rajiv Roy, J) Vijay Singh/- U