Arvind Kumar Amar @ Arvind Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8990 of 2024 ====================================================== Arvind Kumar Amar @ Arvind Kumar Yadav Son of Maheshwar Prasad Yadav Resident of Village Tintanga Karari, P.S. Gopalpur, DistrictBhagalpur, at present Resident of Mohalla Sharda Nagar, Near Post Office, P.O.Purnea, P.S.-Purnea Sadar, District- Purnea. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.
The Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.
3.
The Collector, Madhepura, 4.
The District Land Acquisition Officer, Madhepura. 5.
The Circle Officer Anchal- Chousa, District- Madhepura. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gaurav Govind, Advocate For the Respondent/s :
None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-05-2026 Heard learned counsel for the petitioner. There is no representation on behalf of the State.
2. The present writ petition has been preferred for grant of following reliefs:
"for directing the respondents State to initiate a land acquisition proceeding under the provisions of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and provide adequate compensation at prevalent market rate for the lands belonging to the petitioner which has been already utilized by them by constructing road,
Patna High Court CWJC No.8990 of 2024(2) dt.12-05-2026 2/3 drainage, Flood Shelter Centre, Anganbari Centre Indira Awas and by distributing parchas to different persons.
ii. for issuance of direction to which the petitioner may be found entitled to in the facts and circumstances of the case."
3. Learned counsel for the petitioner submits that a piece of land, details of which has been incorporated in paragraph 5 was decided in his favour in Title Appeal No. 01/1998 (Arvind Kumar Yadav & another vs. State of Bihar & another). On 22.09.2017, the details of the land as recorded in para- 5 read as under:- "That Khata No. 337, Plot No.
2248/3, Area 7 Bigha, 11 Kattha and 10 dhur situated at village- Bhatgama, P.S.- Chausa, Thana No. 103, DistrictMadhepura was purchased through a registered sale deed dated 13.09.1965 from Yogendra Narayan Mahto son of Adhik Narayan Mahto, Resident of Village- Shaligrami, District- Munger and since after purchase, the petitioner came in actual, physical and peaceful possession of the same."
4. The submission is that without making any compensation it has been utilized by the Government. This Court has taken note of the fact and is of the opinion that if the
Patna High Court CWJC No.8990 of 2024(2) dt.12-05-2026 3/3 title appeal has been decided in his favour and the State has not challenged the said order, the claim of the petitioner has to be considered.
5. In that background, the petitioner is allowed to approach the Collector, Madhepura (Respondent No. 3) along with the petition/ documents to support of his case.
6. This Court has noticed that in the Title Appeal, another appellant Prabhash Chandra Yadav was there who is neither in the list of the petitioner or the respondents in the present case. He/she has to be noticed beside the State respondents by the Collector, Madhepura whereafter reasoned order to be passed in accordance with law.
7. This writ petition stands disposed of with aforesaid observation.
(Rajiv Roy, J) Ranjeet/- U