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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1203 of 2026

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1. Amrendra Singh Son of Anirudh Singh, Resident of Village- Rampur Kha-

juriya, Post Office- Rampur, Police Station- Dumariya Ghat, District- East

Champaran at Motihari.

2. Satyendra Singh, Son of Anirudh Singh, Resident of Village- Rampur Kha-

juriya, Post Office- Rampur, Police Station- Dumariya Ghat, District- East

Champaran at Motihari.

... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The District Magistrate, East Champaran at Motihari.

3. The District Land Acquisition Officer, East Champaran at Motihari.

4. The Additional District Land Acquisition Officer, East Champaran at Moti-

hari.

5. The Circle Officer, Kesariya, District- East Champaran at Motihari.

6. Amit Kumar Singh, Son of Anirudh Singh, Resident of Village- Rampur

Khajuriya, P.O.- Rampur, P.S.-Dumariya Ghat, District- East Champaran at

Motihari.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr.Sanjay Kumar, Advocate

For the Respondent/s : Standing Counsel (16)

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL JUDGMENT

Date : 29-01-2026

Heard learned counsel appearing on behalf of the

petitioners and the learned SC 16 for the State.

2. The petitioners in paragraph no. 1 of the present

writ petition have sought, inter alia, following relief(s), which is

reproduced hereinafter:-

"(i) That the present writ petition has

been filed for issuance of a writ in the nature of

mandamus commanding and directing the

respondent authorities to pay compensation

Patna High Court CWJC No.1203 of 2026 dt.29-01-2026

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amount in respect of acquisition of the

petitioners’ land appertaining to Khata No.73,

Khesara No.962, measuring 4.35 decimals in the

name of petitioner no.1 and 4.35 decimals in the

name of the petitioner no.2 along with admissible

interest, and/order to pass any other appropriate

order or direction to which the petitioners may be

found legally entitled in the facts and

circumstances of the case.”

3. Brief facts of the case is that the petitioners claim

lawful ownership and peaceful possession over the land bearing

Khata No.73, Khesara No.962, measuring 4.35 decimal in the

name of petitioner no.1 and 4.35 decimals in the name of

petitioner no.2. The grievance of the petitioners is that the land

belonging to them has been acquired by the District

Administration for construction of NH 139 (W) from Sahebganj

to Areraj, however, no payment of compensation has been made

to them till date.

4. Learned counsel appearing on behalf of the

petitioners informs that for the relief(s) as prayed for in the

present writ petition, the petitioners have already filed

representation before the Additional Land Acquisition Officer

on 09.12.2025, however, no action has been taken on the same

till date.

5. Per contra, learned counsel appearing on behalf of

the State submitted that the petitioners themselves are

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responsible for not receiving due compensation. Petitioners have

not denied the fact that other persons in the vicinity have not

been paid the due compensation. Petitioners have themselves

delayed and have directly approached this Hon’ble Court.

Accordingly, the writ petition is not maintainable.

6. Heard the parties.

7. It is commonly seen that the Officers having quasi

judicial power in its administrative side often delay in

considering the representation filed by the aggrieved person or

they deliberately delay to even adjudicate those cases where

they exercise their adjudicatory power, while, it is well settled

principle of law that High Courts should not exercise its writ

jurisdiction under Article 226 of the Constitution of India if an

effective and efficacious remedy is available. Taking into

circumstances of the present case where

fundamental/consti