Ranjeet Sah And Ors vs The State Of Bihar And Ors on 21 July, 2025

Patna High Court – Orders

Ranjeet Sah And Ors vs The State Of Bihar And Ors on 21 July, 2025

Author: Rajiv Roy

Bench: Rajiv Roy

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.3156 of 2016
                 ======================================================
                 Ranjeet Sah and Ors

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State Of Bihar and Ors

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Ashish Giri, Advocate
                 For the Respondent/s   :        Mr.Sawesh Kr. Singh, AAG-13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   21-07-2025

Heard the parties.

2.The present petition has been preferred for the

following relief/s:

(i) to hold and declare the entire acquisition

proceeding bearing Case No.78/66-67 as

instituted by the respondent State in relation

to the properties of the petitioners concern

to have been lapsed in terms of Section 24(2)

of the Right to Fair Compensation and

Transparency in Land Acquisition,

Rehabilitation and Resettlement Act,2013;

(ii) to hold and declare the entire acquisition

proceeding bearing Case No.78/66-67 as

instituted by the respondent State in relation

to the properties of the petitioners concern
Patna High Court CWJC No.3156 of 2016(3) dt.21-07-2025
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to have been lapsed also in light of Section

11A of the Land Acquisition Act, 1894 as no

award has been made uptil now since

passing of the notification of publication and

declaration in the year 1969 and 1972;

(iii) to hold and declare that in light of

Section 17(3-A) of the Land Acquisition Act,

1894, taking of the possession of the

property of the petitioners without tendering

payment of 80 percentum of the

compensation is illegal and therefore no

possession in the eyes of law;

                                  (iv)       to        issue        an      appropriate

                                  writ/order/direction         in     the   nature    of

                                  Mandamus             directing      the    respondent

authorities to provide the cost of acquisition

as define under Section 3(i) of the Right to

Fair Compensation and Transparency in

Land Acquisition, Rehabilitation and

Resettlement Act,2013 as the respondent

State has already constructed the road on

the acquired property of the petitioners
Patna High Court CWJC No.3156 of 2016(3) dt.21-07-2025
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without making any award and without

payment of any compensation thereafter;

                                  (v)       to       issue             an          appropriate

                                  writ/order/direction            in    the        nature     of

                                  Mandamus          directing           the         respondent

authorities to pass an award under the new

Act on the basis of the current market value

of the lands in question in light of the

provisions of the Right to Fair

Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement

Act,2013 and compensate the petitioners

accordingly;

(vi) to an appropriate wit/order/direction in

the nature of Mandamus directing the

respondent authorities to also award

solatium as per Section 30 of the new Act,

Interest @ 15% in the light of Section 80 of

the new Act read with section 34 of the

erstwhile Land Acquisition Act, 1894;

                                  (vii).      to         issue         an          appropriate

                                  writ/order/directions           in        the    nature     of

Patna High Court CWJC No.3156 of 2016(3) dt.21-07-2025
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Mandamus directing the respondent

authority to further award additional

compensation of 75% of the total

compensation as determined under Section

27 of the Right to Fair Compensation and

Transparency in Land Acquisition,

Rehabilitation and Resettlement Act.2013 as

per Section 40(5) therein;

(viii) to any other relief or reliefs for which

the petitioners is found to be entitled in the

facts and circumstances of the case.

3. Let the State file a fresh affidavit in the matter.

4. List this case on 01.09.2025.

5. In the meantime, the petitioner to file

supplementary affidavit bringing on record the order passed in

C.W.J.C. No. 17557 of 2015 (Tej Narayan Das & Ors. vs. the

State of Bihar & Ors.) as the contention is that the present case

is similar to the aforesaid writ petition.

(Rajiv Roy, J)
Ravi/-

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