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2024 DAILYLAW 1322 (PAT)

Rajendra Singh @ Brahmachari Raj Mitra v. The State of Bihar

CWJC/7706/2024 · 2026-04-18

Rajiv Roy

body2024

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7706 of 2024 ====================================================== Rajendra Singh @ Brahmachari Raj Mitra S/o Late Bhagwan Singh Resident of Village and P.O.- Pabhera, P.S.- Dhanaura, District- Patna. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Patna. 2. The Principal Secretary, Revenue and Land Reforms Department, Patna. 3. The I.G. Registration, Bihar, Patna. 4. The Divisional Commissioner, Patna. 5. The Collector, Patna. 6. The Land Acquisition Officer, Patna. 7. The District Sub-Registrar, Patna. 8. The Circle Officer, Patna Sadar, Patna. 9. The National Highway Authority of India through its Chairman. 10. The Executive Engineer, NHAI, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Prashant Kashyap, Advocate For the Respondent/s : Mr.Government Advocate 10 For the NHAI : Dr. Maurya Vijay Chandra, Advocate Mr. Gaurav Govinda, Advocate Ms. Preety Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 18-04-2026 Learned counsel for the petitioner undertakes to remove the defect(s). 2. Heard the parties. 3. The present petition has been preferred for the following relief/s: (i) for issuance of appropriate writ(s) thereby commanding upon the respondents Patna High Court CWJC No.7706 of 2024(2) dt.18-04-2026 2/3 to review/ recategorise/reevaluate the nature of land from Agricultural in nature to Commercial at Mouza- Pabhera, Thana no.- 102, Khata No- 49, Khesra no. 2394 which has been proposed to be acquired under Bharat Mata Project NH 119 D for construction of road from Aamas to Ramnagar at Anchal Dhanarua, Distt, Patna in light of the circular bearing Letter No.- 10/sa-vargikaran-94/2015-5184 dated 08.10.2016 issued by the respondent no.3 and circulated to all Collectors, Sub- Registrars, District Registrars and Circle Officers of the State; (ii) for consequently issuance of appropriate writ(s) thereby commanding upon the respondents to the petitioner compensation at commercial rate for pay acquisition of his land at Mouza-Pabhera, Khata No. 49, Khesra No.2394, Area- 2.5 kathas, at Anchal -Dhanara, Distt. Patna which has illegally been evaluated at agricultural rate; Patna High Court CWJC No.7706 of 2024(2) dt.18-04-2026 3/3 (iii) for grant of all the consequential benefits to the petitioner which he may be entitled to in the facts and circumstances of the Case. 3. After some argument, learned counsel for the petitioner submits that he shall be approaching before the Arbitrator cum Divisional Commissioner, Patna for the redressal of the grievance. 4. Learned State counsel has no objection to the said stand of the petitioner. 5. In that background, the writ petition is disposed of allowing the petitioner to approach the Arbitrator cum Divisional Commissioner, Patna who shall be passing an order in accordance with the law at an earliest. Ravi/- (Rajiv Roy, J) U