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IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH
Ranjeet Singh S/o Kameshwar Singh – Appellant
Versus
State of Bihar through the Chief Secretary, Government of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. petitioner claims right over land. (Para 1 , 3 , 4) |
| 2. relief sought and state counsel's response. (Para 2 , 5) |
| 3. high court's role in exercising writ jurisdiction. (Para 7 , 8 , 9 , 10) |
| 4. right to not be deprived of property. (Para 11) |
| 5. obligation to pay compensation inferred. (Para 12 , 13) |
| 6. directives for compliance and compensation payment. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
JUDGMENT :
Heard Mr. Waliur Rahman along with Mr. Ranjeet Kumar Singh, learned counsels appearing on behalf of the petitioner and Mrs. Divya Verma, learned AC to AAG-3 for the State.
2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, following relief(s), which is reproduced hereinafter:-
"(i) For issuance of any appropriate writ/writs, rule/rules or direction especially in the nature of Mandamus, directing the respondent concern i.e state authority to restrain from constructing the Govt Aahar over the Raiyatti land of the petitioner for which vide letter No. 4180 dated 04/12/2025 has been issued under the pen and Signature of the Executive Engineer Minor Irrigation Division Jamui, (Respondent No.6) whereby and where under direction has been issued
A writ jurisdiction may be exercised if a fundamental right is violated or if there is an allegation of excess jurisdiction, despite the availability of an alternative remedy.
Writ under Article 226 maintainable to direct compensation for acquired land despite alternate remedies due to administrative inaction, enforcing Article 300A right to property with inferred compensa....
The State must follow legal procedures to dispossess an individual from property and is obligated to compensate unless justified otherwise.
The duty to compensate upon land acquisition is a constitutional safeguard, ensuring no individual is deprived of property without legal due process and fair compensation, embodied in Article 300A.
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