Research › Search › Judgment

Patna High Court · body

2026 DAILYLAW 19045 (PAT)

Rameshwar Prasad Choudhary v. The State of Bihar

CWJC/7040/2026 · 2026-06-22

Rajiv Roy

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7040 of 2026 ====================================================== 1. Rameshwar Prasad Choudhary S/o Biyog Lal Choudhary, R/o Vill- Sahpur Bijharauli, Mansinghpur Bijhrauli, Vaishali, Bihar. 2. Sushila Jaiswal, W/o Rameshwar Choudhary, R/o Gram/Post- Shahpur, Jandaha, Vaishali, Bihar- 844505. 3. Sushan Kumar Chaudhary, S/o Rameshwar Prasad Choudhary, R/o Vill.- Sahpur Bijharauli, Mansinghpur Bijhrauli, Vaishali, Bihar. 4. Sunny Kumar, S/o Rameshwar Prasad Choudhary, R/o Vill.- Sahpur Bijharauli, Mansinghpur Bijhrauli, Vaishali, Bihar. ... ... Petitioner/s Versus 1. The State of Bihar through The Chief secretary, Government of Bihar, Patna. 2. The District Magistrate, Vaishali. 3. The District Land Acquisition Officer, District - Vaishali. 4. The Commercial Taxes Department, through its Commissioner, Government of Bihar, Patna. 5. The National Highways Authority of India, through its Chairman. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Bindhyachal Singh, Sr. Advocate Mr. Rohan Sinha, Advocate Mrs. Aditi Sahay, Advocate Ms. Aishwarya Shankar, Advocate For the Respondent/s : Mr. Government Advocate (3), Subhash Pd. Singh For the NHAI : Mr. Sriram Krishna, Advocate Mr. Amarjeet, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 22-06-2026 Heard Mr. Bindhyachal Singh, learned Sr. counsel for the petitioners, the State and the NHAI. 2. The present petition has been preferred for the following relief(s): “a. For issuance of an appropriate writ/order/direction, declaring the action of the Patna High Court CWJC No.7040 of 2026(2) dt.22-06-2026 2/3 Respondent No. 3 (District Land Acquisition Officer) in demanding and/or deducting 10% of the compensation amount from the Petitioners as wholly illegal, arbitrary and without any authority of law, inasmuch as there is no provision or whisper under Sections 3A and 3G of the National Highways Act, 1956 permitting such deduction or demand; b. For further issuance of a writ/order/direction directing the Respondents to refund/restore the said illegally deducted 10% amount to the Petitioners forthwith, along with applicable interest; c. For issuance of appropriate direction restraining the Respondents from making any such arbitrary or unauthorized deduction from the compensation amount payable to the Petitioners in future, except strictly in accordance with law.” 3. After some arguments, learned Senior counsel submits that he is ready to approach the concerned respondent by filing a detailed representation so that the matter is decided at an earliest. Patna High Court CWJC No.7040 of 2026(2) dt.22-06-2026 3/3 4. Learned State counsel as also learned counsel representing ‘the NHAI’ have no objection. 5. Taking into account the submissions of the parties as also the limited prayer that learned Senior counsel has made, instead of asking the respondents to file reply in the matter, it would be appropriate that the matter is disposed of allowing the petitioner to approach the appropriate respondents authorities in next four weeks and if such petition is filed, the same shall be taken to its logical conclusion within a period of three months thereafter. 6. The writ petition stands disposed of with aforesaid observation. Adnan/- (Rajiv Roy, J) U