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2026 DAILYLAW 34619 (PAT)

Naresh Mohan Choudhary and Ors v. The State Of Bihar and Ors

CWJC/24683/2018 · 2026-02-03

Rajiv Roy

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.24683 of 2018 ====================================================== 1. Naresh Mohan Choudhary and Ors S/O Tirth Narayan Chaudhary. 2. Chiranjeeb Chaudhary, S/o Yugul Chaudhry, 3. Lalan Chaudhry, S/o Late Bhup Narayan Chaudhary, Bhup Narayan Chaudhry. 4. Plan Chaudhry, S/o- Late Bhup Narayan Chaudhry 5. Smt. Durga Devi, W/o- Dharma Narayan Chaudhry 6. Arun Chaudhry, S/o Balram Chaudhry 7. Maheshwar Mistri, S/o- maksudan Mistri 8. Amar Kant Jha @ Amarjha. S/o-Phulo Jha, 9. Phekni Devi, W/o- Ram Sah, 10. Vijay Shankar Chaudhry, S/o Jivach Chaudhry 11. Shailendra Kumar Chaudhry, S/o Triveni Chaudhry null 12. Vimal Kant Chaudhry, S/o Late Rajeshwar Chaudhry 13. Ram Bharos Sah, S/o Bhagvani Sahi 14. Manikant Chaudhry, S/o Parmeshwar Chaudhry 15. Kari Matho, S/o Late Guneshwar Mahto 16. Narayan Thakur, S/o Ghuneshwar Thakur 17. Nirmal Devi W/o Kari Sah 18. Chano Devi, W/o Buchi Sah 19. Mani Roy, S/o Babu Narayan Roy 20. Bhairav Chaudhry, S/o Sarva Narayan Chaudhry 21. Ramkinkar Chaudhry, S/o Sarva Narayan Chaudhry 22. Shanshikant Chaudhry, S/o Babuy Sahed Chaudhry 23. Pramila Devi W/o Virendra Singh 24. Dileep Singh, S/o Sitaram Singh 25. Shankar Das S/o Dhodhya Das 26. Yugeshwar Das S/o Dhodhya Das 27. Vidya Nand Khan S/o Narayan Khan 28. Diwakar Khan S/o Aditya Khan 29. Sudhanshu Khan S/o Prabhakar Khan 30. Shashikant Chaudhry S/o Suya Narayan Chaudhry null 31. Ramesh Chaudhry, S/o Late Saleshwar Chaudhry 32. Rajan Kumar Sah, S/o Late Jageshwar Sah 33. Nathuni sah, S/o Chhathu Sahu 34. Navven Kumar Chaudhry, S/o- Sudhir Kumar Chaudhry Patna High Court CWJC No.24683 of 2018(2) dt.03-02-2026 2/5 35. Harekrishna Thakur s/o Magnu Thakur 36. Mahadev Thakur, S/o visheshwar Thankur 37. Rameshwar Sah, S/o Badri Sah 38. Ram Shankar Chaudhry S/o Ugant Narayan Chaudhry 39. Nunu Chaudhry, S/o Lxmi Kant Chaudhry, 40. Buchhiu Chaudhry, S/o Lakshmikant Chaudhry. 41. Rajendra Chaudhry, S/o Late Harshit Narayan Chaudhry 42. Manju Devi, W/o Ram Padarth Chaudhry 43. Rampukar Das, S/o Late Tetar Das 44. Manohar Ram, S/o Late Hari Ram All are residents of village- Gandual, P.O- Baghwa, P.S.- Jalai, Block- Mahisi, District- Saharsm, Pin- 852216 ... ... Petitioner/s Versus 1. The State Of Bihar and Ors 2. The Director, Land Acquisition, Directorate of Dept. of revenue and Land reforms Bihar Patna. 3. That District Magistrate/ Collector Saharsa. 4. The Additional collector, Sharsa 5. The District Land Acquisition officer, Saharsa 6. The Circle Officer, Block- Mahishi, District- Saharsa. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashank Shekhar Jha, Adv. For the Respondent/s : Mrs. Nutan Sahay, AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 03-02-2026 Heard Mr. Shashank Shekhar Jha, learned counsel for the petitioners and Mrs. Nutan Sahay for the State. 2. The present application has been preferred for the following relief(s): (i) Issuance of a writ/direction including a order of writ in the nature of mandamus commanding the respondents to Patna High Court CWJC No.24683 of 2018(2) dt.03-02-2026 3/5 release the compensation amount of the acquired land according to market value after rectification of type of land as 'residential' by the Govt. of Bihar at Village- Gandaul, Than No.-72, Anchal Mahishi, District- Saharsa, which is acquired for construction of Link road with R.C.C. Bridge as enhancement breath of of the existing Road (State Highway) No. 17. (ii) Issuance a direction also to of follow all the procedure Acquisition in accordance with RFCTLARR- Act-2013 (Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act-2013) and classify the type of land as 'Residential instead of 'Dhanber-2. or Veeth-2'. (iii) Any other relief/reliefs may be granted to petitioners as he is found entitled to in the facts and circumstances of the case for the ends of Justice. 3. The matter relates to Land Acquisition Case No. 04 of 2013-14 for construction of Link road with R.C.C. Bridge over Kosi river. The petitioners’ claim is that their lands also were part of the compensation. 4. It is to be noted that altogether 44 petitioners have approached this Court in single writ petition and in that background, the claim put forward by them have to be Patna High Court CWJC No.24683 of 2018(2) dt.03-02-2026 4/5 adjudicated individually. The document also shows that notices were issued to them individually, though they chose to submit objection by way of representation of altogether 79 persons. 5. Learned State Counsel submits that notices were issued, it is not the further claim of the petitioner that award has not been prepared and if they have not provided documents/payment not taken, they have to move before appropriate authority challenging the award. 6. This Court is also of the view that the Government by way of advertisement took steps for the acquisition of the land, petitioners were individually noticed, they should have moved forward along with their separate documents to satisfy the authority so that appropriate compensation is extended to them. In case, they have any objection, would have moved before appropriate authority. 7. As no further development is on record, the writ petition is disposed of with the following observations: (i) if the petitioners have received the award with/without protest, the remedy lies before appropriate authority for enhancement of compensation; (ii) if pursuant to the said notice, they have not forwarded their claim, are required to submit their individual document to satisfy the Patna High Court CWJC No.24683 of 2018(2) dt.03-02-2026 5/5 authority both on the bonafide of their claim as also the upgradation of category. 8. It goes without saying that if such individual petitions come, the same has to be taken to its logical conclusion. 9. The writ petition is disposed of with aforesaid observations. Vijay Singh/- (Rajiv Roy, J) U