Arun Kumar Sharma @ Arun Kumar Rai vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2257 of 2024
CNR No. BRHC010066122024
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1. Arun Kumar Sharma @ Arun Kumar Rai Son of Late Brahmdeo Rai @
Jagannath Das, resident of Misri Ghat, P.S.-Pirbahore, District-Patna.
2. Yogendra Kumar Chaturvedi @ Yogendra Rai, son of Late Brahmdeo Rai @
Jagannath Das, resident of Misri Ghat, P.S.-Pirbahore, District-Patna.
3. Sachidanand Rai, son of Arun Kumar Sharma @ Arun Kumar Rai, resident
of Misri Ghat, P.S.-Pirbahore, District-Patna.
4. Nityanand Rai son of Arun Kumar Sharma @ Arun Kumar Rai, resident of
Misri Ghat, P.S.-Pirbahore, District-Patna.
5. Shivanand Sharma @ Shivanand Rai, son of Arun Kumar Sharma @ Arun
Kumar Rai, resident of Misri Ghat, P.S.-Pirbahore, District-Patna.
6. Parmanand Roy son of Yogendra Kumar Chaturvedi @ Yogendra Rai,
resident of Misri Ghat, P.S.-Pirbahore, District-Patna.
7. Ramanand Roy son of Yogendra Kumar Chaturvedi @ Yogendra Rai,
resident of Misri Ghat, P.S.-Pirbahore, District-Patna.
8. Shyamanand Roy son of Yogendra Kumar Chaturvedi @ Yogendra Rai,
resident of Misri Ghat, P.S.-Pirbahore, District-Patna.
9. Akhilanand Roy, son of Yogendra Kumar Chaturvedi @ Yogendra Rai,
resident of Misri Ghat, P.S.-Pirbahore, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms Government of Bihar.
2. The Collector, Patna.
3. The Sub Divisional Officer, Patna Sadar.
4. The Circle Officer Patna Sadar.
5. The District Land Acquisition Officer, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Saket Tiwary, Advocate
For the Respondent/s : Mr. Namrata Mishra, AAG-9
: AC to AAG-9
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CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL JUDGMENT
Date : 27-10-2026

Heard the learned counsel for the petitioners and the
learned counsel for the State.

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2. The present writ petition has been filed for the
following reliefs:-
“(i) For a direction to the respondents not to
disposes or demolish the premises of the
petitioner till the Land Acquisition
proceedings in respect to the subject land
is complete and compensation is granted
to the petitioners.
(ii) To grant the compensation separately to
all the petitioners in accordance with law.
(iii) During pendency of this writ application
direct that no coercive action is taken in
relation to the subject land.”
3. The learned counsel for the petitioners submits that
the father of the petitioner Nos. 1 and 2 was in possession of the
land situated at Misri Ghat, Patna bearing Khata number 66,
Khesra Nos. 212 & 213, admeasuring an area of 4318 square feet.
After demise of their father, they came in joint possession of the
above said land and the house constructed upon it. A Title Suit
bearing Title Suit No. 425 of 1995 was filed before the court of
learned Sub-Judge Patna and the learned Sub-Judge Patna vide his
judgment dated 24.04.2003 and decree dated 24.04.2003, declared
the title in favour of the petitioner and his brother. An
Encroachment Proceeding bearing Encroachment Case No. 60 of
2021-22 was instituted with regard to the property in question with
an allegation that the petitioners have encroached the land of the

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Patna Medical College and Hospital. The land was required for
renovatoin and reconstruction of the Patna Medical College and
Hospital at Patna. Notices were issued to the petitioner no.1, which
he duly replied. The Government of Bihar sought to acquire the
land for renovation and extension of the Patna Medical College
and Hospital at Patna, for which a gazette notification was also
published, for acquiring the land in question.
4. It is the case of the petitioners that a Hanuman Temple
was established along with his deities in the land in question by the
fathers of the petitioner nos. 1 and 2. Since the petitioners were not
being paid any compensation amount, the present writ petition was
filed.
5. A counter affidavit was filed on behalf of the
respondent-State on 22.08.2024, wherein it was stated that the
matter was fixed for hearing on 19.08.2024 before the authorities
concerned and in paragraph no.12 thereof, it was stated that
needful action for making payment of the compensation amount to
the land owners/raiyats, in accordance with law will be taken after
considering the objections /claim received by them. It was further
stated in the counter affidavit that the respondents have not
demolished any temple or portion of house of the petitioners.

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6. Considering the averments made in counter affidavit
filed on behalf of the State-respondents, this Court vide order
dated 21.09.2026 directed the respondent nos. 2, 3 & 5 to file a
supplementary counter affidavit with regard to the up-to-date
status of the case. In compliance thereof, a supplementary counter
affidavit has been filed. From perusal of paragraph no.6 thereof, it
would transpire that payments have been made to the petitioners
herein for acquisition of their plots/lands and the details of
payments have also been given in paragraph no.6. In paragraph
no.7, it has been stated that in view of the application filed by
Nityanand Rai, who is the petitioner no.4 herein and Akhilanand,
who is the petitioner no.9 herein for payment of remaining amount
for an area of 0.03618 acre, out of total 0.064 acre of land,
measurement has been done and report has been submitted,
whereby it was found that there is no possession of the said two
persons over the land in question. Notices were issued to Arun
Yadav and Rajesh Yadav, both sons of Baleshwar Yadav, who have
also made claim in view of the fees receipt issued by the Bihar
State Religious Trust Board. Pursuant thereto an enquiry was made
from the Bihar State Religious Trust Board and as per the report
submitted by the Bihar State Religious Trust Board on 08.04.2026,
the receipts are related with Sati Sthan, PMCH, Mishri Ghat,

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Patna, which is registered Religious Temple having Registration
No-3701 and no payment of compensation was requested to be
made to anyone till orders passed by the Board. In view of the
letter of the Bihar State Religious Trust Board dated 08.04.2026,
the Additional District Land Acquisition Officer, Patna vide memo
no-1978, dated 05.05.2026 passed an order, whereby a decision
was taken to refer the dispute to the Learned Chairman-cum-
Presiding Officer, LARRA Court at Patna and the compensation
amount of Rs.14,99,054/- for an area of 0.03618 acre of land has
been deposited through CFMS dated 29.09.2026 before the
LARRA Court at Patna.
7. The learned counsel for the petitioners in view of the
subsequent supplementary counter affidavit filed on behalf of the
State authorities submits that the petitioner nos. 4 and 9 be given
liberty to agitate the matter before the LARRA Court at Patna for
establishing their claim over an area of 0.03618 acre of land,
which is said to have been acquired and the amount to the tune of
Rs. 14,99,054/- has been deposited before the LARRA Court.
8. Considering the submissions made by the parties and
from perusal of the documents available on record, this Court is of
the opinion that the payments have been made to the petitioners
and so far the claim of the petitioner nos. 4 & 9 for payment of

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compensation for acquisition of land to the tune of 0.03618 acre
of land is concerned, since the matter has been referred to the
LARRA Court, on account of the dispute, the petitioner nos. 4 & 9
are always at liberty to appear before the LARRA Court and to
establish their claim of receiving compensation amount for the
said land, if the Law so permits.
9. With the aforementioned observations and directions,
the writ petition is disposed of.
10. Pending applications, if any, shall also stand
disposed of.
(Ritesh Kumar, J)
AjayMishra/-
AFR/NAFR
CAV DATE NA
Uploading Date 28.10.2026
Transmission Date NA