Patna High Court
Administrative and Public LawProperty and Real Estate Law

An intra-court bench should not depart from a Single Judge’s findings without cogent reasons.

Pankaj Kumar vs The State of Bihar

Patna High CourtJUDGMENT: September 24, 20262 MIN READSOURCE JUDGMENT
An intra-court bench should not depart from a Single Judge’s findings without cogent reasons.. Pankaj Kumar vs The State of Bihar. Patna High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

Land was acquired for road construction, and the appellant claimed entitlement to compensation.

Source reference: p. 2

He alleged that compensation had wrongly been disbursed to his mother and brother, with whom he had a pending civil title suit concerning ancestral property that included the acquired land.

Source reference: p. 2

The Single Judge dismissed his writ petition, observing that he could submit a fresh representation to the District Land Acquisition Officer (DLAO).

Source reference: pp. 2–3

The appellant challenged that dismissal in this intra-court appeal.

Source reference: p. 1
02

Issues

1. Whether the Single Judge erred in dismissing the writ petition concerning the alleged disbursement of compensation to the appellant’s mother and brother.

Source reference: pp. 3–4, 6

2. Whether the appellant established a basis for the Division Bench to interfere with the Single Judge’s order in an intra-court appeal.

Source reference: pp. 4–6
03

Law Applied

In an intra-court appeal, the Division Bench may reappraise questions of fact and law, but ordinarily should not differ from the Single Judge’s findings unless cogent reasons exist; entertaining a Letters Patent Appeal is discretionary.

Source reference: pp. 4–5

The Court relied on B. Venkatamuni v. C.J. Ayodhya Ram Singh, (2006) 13 SCC 449, which reproduces this principle from Umabai v. Nilkanth Dhondiba Chavan, (2005) 6 SCC 243.

Source reference: pp. 4–5

The judgment identifies no specific statutory provision as governing the dispute.

Source reference: no citation
04

Reasoning

The Court found that the authorities had disbursed compensation and that the appellant had himself received part of it.

Source reference: p. 4

Although he claimed entitlement to additional compensation and disputed the amounts paid to his mother and brother, he produced no substantive material establishing that entitlement.

Source reference: p. 4

In the absence of such material or other cogent reason to depart from the Single Judge’s findings, the Division Bench found no basis for interference.

Source reference: pp. 4–6
05

Holding

The Division Bench dismissed the appeal, finding no illegality or perversity in the Single Judge’s order.

It clarified that the appellant remained at liberty to approach the competent authority for redress of any grievance.

Source reference: p. 6

Pending applications, if any, were also disposed of.

Source reference: p. 6
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Code of Civil Procedure, 19081

Patna High Court

Original Court PDF

Pankaj KumarvsThe State of Bihar

Patna High Court · September 24, 2026

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