Arun Kumar v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15480 of 2018 ====================================================== Arun Kumar Son of Late Deonath Prasad, Resident of Village-Devmala Sadan, Karbigahiya, P.S.-Jakkanpur, District-Patna. ... ... Petitioner/s

Versus

1.

The Union Of India.

2.

That General Manager, East Central Railway, Hajipur. 3.

The Sub Divisional Railway Manager, Danapur Division, East Central Railway, Danapur.

4.

The Senior Divisional Engineer Co-Ordination Danapur Division, East Central Railway, Danapur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shreyanshu Kumar, Advocate For the Respondent/s :

Mr. Amarendra Nath Verma, Advocate Mr. Punam Kumari Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-09-2025 Heard Mr. Shreyanshu Kumar, learned counsel for the petitioner and Mr. Verma representing the Railways.

2. The present petition has been preferred for the following relief(s):

"(A) A writ in the nature of Mandamus or any other appropriate writ/s, order/s, direction/s for quashing the respondent authorities:- i. To give money to the Petitioner through Railway land which he has been using since 1967 as railways acquired the rest of land of the Petitioner.

Patna High Court CWJC No.15480 of 2018(3) dt.16-09-2025 2/3 ii. To restrain the Respondent/s from erecting boundary wall blocking the sole ingressegress of the Petitioner on his land. iii. In alternative, to acquire the 2 Katha Land of the Petitioner which has been left after acquisition of his land and that of his family."

3. A counter-affidavit has been filed on behalf of the East Central Railways, Danapur after service of copy upon the petitioner, according to which, they have constructed a boundary wall to protect the unwanted people/animals coming on the Railway line. It has also been stated that the same has been done in view of the safety and security of the Railways. A sketch map of the area has also been attached with the counter-affidavit to show that there is road on one side of the petitioner's land/plot while the Railway line is on the rear side. It is adjacent to the Patna Junction Railway Station on Karbigahiya side.

4. As recorded above, there is no reply to the counteraffidavit.

5. This Court is convinced that the reply filed by the Railways is/are satisfactory and need no interference.

6. At this stage, learned counsel for the petitioner submits that he may be granted opportunity to approach

Patna High Court CWJC No.15480 of 2018(3) dt.16-09-2025 3/3 appropriate authority/Court.

7. Said liberty is always there.

8. Without commenting further and having convinced with the reply of the Railways, the writ petition stands disposed of.

9. Before parting, this Court would like to put on record its word of appreciation for Mr. Shreyanshu Kumar for the assistance rendered in the matter.

(Rajiv Roy, J) Adnan/- U