Uday Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2095 of 2026 ====================================================== Uday Kumar Son of Late Lakhan Lal Saw, Resident of Village- Piribazar, P.S.- Piribazar, Block- Suryagarha, District-Lakhisarai. ... ... Petitioner/s

Versus

1.

The Union of India through the General Manager, Eastern Railway, Kolkata. 2.

The D.R.M. Eastern Railway, D.R.M. Office, Malda, West Bengal 3.

The State of Bihar Through, Principal Secretary, Land and Revenue Department Bihar, Patna.

4.

The District Magistrate, Lakhisarai.

5.

The Sub-Divisional Officer, Lakhisarai Sadar, District- Lakhisarai. 6.

The Superintendent of Police, Lakhisarai.

7.

The Circle Officer, Suryagarha Anchal, District- Lakhisarai. 8.

The S.H.O., Piri Bazar, Police Station- Lakhisarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mayank Bilochan, Adv.

For the Respondent/s :

Mr. Additional Solicitor General ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-02-2026 Heard the parties.

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

(i) for issuance of an appropriate writ commanding the respondents not to construct the Railways under Pass, over the land of petitioner which is Raiyti/Purchase land of the petitioner.

(ii) for issuance of an appropriate writ restraining the respondents not to make any interference in the peaceful possession of the petitioner.

Patna High Court CWJC No.2095 of 2026(2) dt.09-02-2026 2/3 (iii) for issuance of an appropriate writ commanding the respondent to first acquired the land under the provision of land acquisition act and pay the compensation or vacate the land of the petitioner.

(iv) for any other relief or reliefs for which petitioner is entitled.

3. Learned counsel for the petitioner has taken this Court to a similar matter in the case of Goda Devi @ Savitri Devi (CWJC No. 1246 of 2026) disposed of on 29.01.2026 with reference to paragraph 3 to 6 which read as follows:

3. The petitioner has come with a simple prayer to at least take note of the representation that has been preferred before the different respondents including the Railway Authorities/District Magistrate-cum- Collector, Lakhisarai (Annexure- P/2 and P/3 respectively).

4. Learned counsel for the petitioner submits that it will suffice if the Collector, Lakhisarai looks into the matter and take a decision after hearing both the petitioner as also railways.

5. The parties including the State and the Railways have no objection.

6. In that background, the writ petition is disposed of allowing the petitioner to approach afresh with all the supporting documents before the Collector, Lakhisarai in next four weeks who shall be noticing the other

Patna High Court CWJC No.2095 of 2026(2) dt.09-02-2026 3/3 side including the railways (whose counsel is already present in the Court) and after hearing the parties, shall be disposing of the matter at an earliest taking into account the development that has taken place on the land claimed by the petitioner.

4. The Railways and the State have no objection.

5. In that background, the writ petition is also disposed of in the light of Goda Devi @ Savitri Devi (supra) directing the petitioner to approach afresh with all the supporting documents before the Collector, Lakhisarai (respondent no. 4) in next four weeks who shall be noticing the other side including the railways and after hearing the parties, shall be disposing of the matter at an earliest taking into account the development that has taken place on the land claimed by the petitioner.

(Rajiv Roy, J) Vijay Singh/- U