M/S Jagdeep Developers Pvt. Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19314 of 2021 ====================================================== M/s Jagdeep Developers Pvt. Ltd. Through its Managing Director Jagdeep Prasad Verma (Male) aged about 70 years S/o Late Jawahar Lal Mahto, Resident of Village- Govinda Complex, Govind Mitra Road, P.O. Bankipur, P.S. Pirbahore, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reform Department, Old Secretariat, Bailey Road, Patna. 2.

The Principal Secretary, Revenue and Land Reform Department, Old Secretariat, Bailey Road, Patna.

3.

The District Magistrate, Patna.

4.

The District Land Acquisition Officer, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jai Prakash Verma, Advocate For the Respondent/s :

Mr. Saurabh Kumar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL JUDGMENT Date : 29-06-2026 Heard the learned counsel for the parties.

2. The petitioner is aggrieved by the order dated 23.01.2021 passed in Land Acquisition Case No.5/2010-11 passed by the District Land Acquisition Officer, Patna, (respondent No.4), whereby he has rejected the application of the petitioner for payment of compensation as per the present

2/4 market rate.

3. The learned counsel for the petitioner submits that the petitioner was not paid the compensation as per the market rate and the amount as calculated by the District Land Acquisition Officer, Patna, was not correct. It has further been submitted that the petitioner had filed an application before the learned District Land Acquisition Officer, Patna, who by the impugned order has rejected the application of the petitioner, however, from perusal of the same, it would be evident that no reasoning has been given while dismissing his application.

4. Learned AC to SC-19 for the State submits that the said order has been passed taking into account the date of acquisition and the date of possession and since the amount as calculated was not accepted by the petitioner, the same was deposited in the treasury. It has further been submitted that despite notices being issued to the petitioner to accept the said compensation, the petitioner did not approach the authorities and only upon the directions of this Court had later filed a Land Acquisition Case No.5/2010-11, which was rightly rejected.

5. Learned AC to SC-19 for the State further

3/4 points out that the petitioner during the pendency of the present writ application has filed an application for payment of 100% of compensation amount before the District Land Acquisition Officer, Patna, in Land Acquisition Case No.5/2010-11. It has been pointed out that such application was received in the office on 26.09.2025.

6. Considering the aforesaid submission and the materials available on records, this Court finds that the impugned order dated 23.01.2021, contained in Annexure-7, apparently lacks any reasoning while rejecting the application made by the petitioner and therefore, is not tenable in law and is fit to be set aside.

7. In view of the above, the order dated 23.01.2021 passed in Land Acquisition Case No.5/2010-2011 by the learned District Land Acquisition Officer, Patna, is set aside.

8. In view of the fact that the petitioner during the pendency of the writ petition has already approached the District Land Acquisition Officer, Patna, by an application which was received in the Office on 26.09.2025, the District Land Acquisition Officer, Patna, is directed to consider such application and the claim of the petitioner for 100%

4/4 compensation amount as per the new act and pass a reasoned order within a period of two months from the date/receipt/production of a copy of this judgment.

9. The writ application stands disposed of with the aforesaid directions.

10. The I.A., if any, shall also stands disposed of. (Sourendra Pandey, J) manoj/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.06.2026 Transmission Date NA