Patna High Court
CWJC/12378/2026 of Sumesh @ Subesh Pathak Vs The Union of India on 17 August 2026
COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12378 of 2026 ====================================================== 1. Sumesh @ Subesh Pathak Son of Late Ram Sohan Pathak, Resident of Jaso Road, Dada Mod, Village and Post- Jaso, P.S.- Buxar Mufassil, District- Buxar. 2. Vinit
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12378 of 2026
======================================================
1.
Sumesh @ Subesh Pathak Son of Late Ram Sohan Pathak, Resident of Jaso Road, Dada Mod, Village and Post- Jaso, P.S.- Buxar Mufassil, District- Buxar.
2.
Vinit Kumar, Son of Late Sri Niwas Pathak, presently residing at A/4, Sri Nagar, Uttari A.G. Colony, P.S- Shashtri Nagar P.O. Ashiyana Nagar, Phulwari, Patna, and permanent resident of Jaso Road, Dada Mod, Village and Post- Jaso, P.S.- Buxar Mufassil, District- Buxar in his individual Capacity and as Karta of the family.
... ... Petitioner/s
Versus
1.
The Union of India through the Secretary, Ministry of Road Transport and Highways, Transport Bhawan, 1, Parliament Street, New Delhi- 110001.
2.
National Highways Authority of India, through its Chairman, having its Office at G- 5 and 6, Sector- 10, Dwarka, New Delhi- 110075.
3.
The Project Director, Project Implementation Unit National Highways Authority of India, Plot No. 211, Ward No. 4, near Ashrit Public School (Shiv Temple), PIN-19, Aurangabad, Bihar- 824101.
4.
The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.
5.
The District Magistrate-cum-Collector, District- Buxar, Buxar.
6.
The Competent Authority-cum-District Land Acquisition Officer, District- Buxar, Bihar.
7.
The Circle Officer, District- Buxar, Buxar.
... ... Respondent/s
Appearance :
For the Petitioner/s
:
Mr. Sumeet Kumar Singh, Advocate
:
Ms. Abhilasha Kumari, Advocate
For the State
:
Mr. Sarvesh Kumar, GP-24
For the U.O.I.
:
Mrs. Sarandha Sumar, Advocate
For the NHAI
:
Mr. Sriram Krishna, Advocate
:
Mr. Shashank Shekhar Kunwar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
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ORAL ORDER
17-08-2026 Heard Mr. Sumeet Kumar Singh, learned counsel for the petitioners and the learned counsel representing the State.
2. The present petition has been preferred for the following relief/s:
(i) that the present writ
Respondents to forthwith carry out a fresh, accurate and joint re-measurement of the land of the petitioners actually taken/occupied for National Highway No. 319A (Mohania-Ramgarh-Chausa-Buxar) in Mouza- Jaso, P.S. No. 330, District Buxar, in the presence of the petitioners or their authorised representative in relation to land situated at Khata No. 79, Mouza- Jaso, P.S. No. 330, District Buxar, including, inter alia, Plot Nos. 994 and 972 (corresponding Chak/Survey Khesra Nos. 1071 to 1074), which forms part of the notified alignment of National Highway No. 319A (Mohania- Ramgarh-Chausa-Buxar),;
(ii) that the present writ
Respondents to determine and pay compensation to the petitioners strictly on the basis of the Market Value Rate applicable to land situated within the limits of Nagar in Land Acquisition, Parishad, Buxar, in terms of Section 26 of the Right to Fair Compensation and Transparency Rehabilitation and Resettlement Act, 2013, together with all statutory solatium, interest and other benefits admissible under law.
(iii) that the present writ
Respondents to forthwith prepare and disburse a separate Award in favour of the petitioners within a time-bound period;.
(iv) that the present writ application is being filed in the nature of Mandamus, or any other appropriate writ, for restraining the Respondents, their officers and agents, from taking further possession of, or carrying out further construction over, any land of the petitioners in excess of that already compensated, and for a direction that, in the event any excess land is found taken, a fresh notification and acquisition proceeding be initiated in respect thereof strictly in accordance with the National Highways Act, 1956.
(v) that, pending final disposal of this writ petition, an ad-interim direction be issued to the Respondents to maintain status quo with respect to further construction/dispossession over the land of the petitioners until payment of compensation is made, and/or to disburse at least an interim/provisional amount of compensation to the petitioners.
(vi) and pass any such other order/orders as this Hon'ble Court may deem fit and proper.
3. After some argument, learned counsel for the petitioners submit that it would suffice if the Project Director, Project Implementation Unit, National Highway Authority of India (respondent no. 3) as also the Collector, Buxar (respondent no. 5) decide the matter as the petitioner is of clear view that while acquiring the land, additional land has been taken by the respondents.
4. Learned counsel representing the respondents submit that if after the enquiry, such statement/apprehension is/are found correct, appropriate corrective measures shall be taken.
5. In that background, CWJC No. 12378 of 2026 stands disposed of allowing the petitioner to approach the Collector, Buxar (respondent no. 5) within four weeks and he/she shall be duty bound to take up the matter to its logical conclusion after hearing all the necessary parties at an earliest.
6. It is expected that the entire process shall be completed in next six months.
ankita/- (Rajiv Roy, J) U