Heera Devi @ Heera Ojhain @ Hira Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17779 of 2018 ====================================================== 1.1. Shashi Kumar Jha Son of Late Heera Devi, Resident of Vill - Sundar Khauli, P.O. and P.S. - Aurai, Dist. - Muzaffarpur, Bihar. 1.2. Manoj Kumar Jha Son of late Heera Devi, Resident of Vill - Sundar Khauli, P.O. and P.S. - Aurai, Dist. - Muzaffarpur, Bihar. 1.3. Raman Kumar Jha Son of Late Heera Devi, Resident of Vill - Sundar Khauli, P.O. and P.S. - Aurai, Dist. - Muzaffarpur, Bihar. 1.4. Sanjeet Kumar Jha Son of Late Heera Devi, Resident of Vill - Sundar Khauli, P.O. and P.S. - Aurai, Dist. - Muzaffarpur, Bihar. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The District Magistrate, Muzaffarpur.

3.

The Sub-Divisional Officer, Muzaffarpur.

4.

The Circle Officer, Aurai, District-Muzaffarpur. 5.

The Block Program Officer, Aurai District-Muzaffarpur. 6.

The Panchayat Secretary of Gram Panchayat, Raj Mathurapur, P.S.-Aurai, District-Muzaffarpur.

7.

The Rojgar ---- of Village-Panchayat Raj Mathurapur, P.S.-Aurai, DistrictMuzaffarpur. 8.

The Mukhiya of Gram Panchayat Raj Mathurapur, P.S.-Aurai, DistrictMuzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Pandey, Adv.

For the Respondent/s :

Mr. Dhurjati Kr. Prasad- GP15 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-09-2025 Heard Mr. Rajani Kant Pandey, learned counsel for the petitioner and Mr. Dhurjati Kr. Prasad, learned GP-14.

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

for issuance a writ, order or direction including a writ in the nature of

Patna High Court CWJC No.17779 of 2018(5) dt.22-09-2025 2/3 mandamus commanding the respondents to remove the illegal construction of the road in the raiyati/purchased land of the petitioner in the Khata No. 23. Khesara No. 69. Mauja Ganguali, Thana No. 127 Anchal Aurai, District-Muzaffarpur and/or for direction to the respondents to pay the compensation regarding illegal construction of the road in the private land of the petitioner without any notice and without any procedure adopted under the acquisition of the land. and/or may be pass other and further order which the petitioner is entitled to.

3. A counter affidavit has come on behalf of the Program Officer, Aurai, Muzaffarpur and this Court deems it fit and proper to record the relevant portion from paragraph 7 of the petition which read as follows:

During the course of inquiry, it transpired that in 2008, filling soil work was initiated by the then Mukhiya for road construction. However, due to the ensuing dispute, the soil filling work was halted, and the status quo has remained till now. No pucca (permanent) construction or brick soling work has been done on the site. Presently, the site is being used as an earthen road.

4. Learned State Counsel based on said statement

Patna High Court CWJC No.17779 of 2018(5) dt.22-09-2025 3/3 submits that after the objection raised by the petitioner, the work has been stopped.

5. Accepting the words of the learned counsel for the State which has been made on the basis of the counter affidavit of the said respondent as incorporated above, no further direction is required.

6. The writ petition is disposed of.

(Rajiv Roy, J) Vijay Singh/- U