Ram Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3933 of 2026 ====================================================== Ram Kumar Thakur Son of Mahendra Thakur, Resident of Village and PostYogiyara, Police Station- Fekla, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Commissioner, Darbhanga Division, Darbhanga. 3.

The District Magistrate, Darbhanga.

4.

The Circle Officer, Bahadurpur, Darbhanga.

5.

The Managing Director, Bihar Raj Pul Nirman Nigam Limited, Bihar, Patna. 6.

The Chairman, Bihar Raj Pul Nirman Nigam Limited, Bihar, Patna. 7.

Senior Project Engineer, Bihar Rajya Pul Nirman Nigam Limited, Works Division, Darbhanga.

8.

Project Engineer, Bihar Rajya Pul Nirman Nigam Limited, Works Division, Darbhanga.

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate For the State :

Mr. Government Advocate (03) :

Mr. Shiv Kumar, AC to GA-3 For the BRPNNL :

Mr. P.K. Shahi, Sr. Advocate :

Mr. Sanjiv Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 31-03-2026 Heard Mr. Nilendu Kumar Choudhary, learned counsel for the petitioner and learned counsel for the State as also learned counsel representing the Bihar Rajya Pul Nirman Nigam Limited.

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

"for issuance of an appropriate writ/writs, order/orders, direction/directions specially in the nature of mandamus for directing the respondent authorities particularly the Respondent No. 7 to

2/4 pay the compensation/indemnity for the land of the petitioner having Khata No. 195(old), Khesra No. 984(old), Khata No. 186(new), Khesra NO.

797(New) measuring an area of 59 dec. situated at Mauza Yogiyara, Anchal Bahadurpur, Police Station- Bahadurpur, District- Darbhanga which has been utilized in a bridge construction over Katsari river under Mukhyamanti Setu Nirman Pariyojna and further to direct the Respondent authorities to pay the interest for the delay made from their part as for more than 15 years the petitioner has been running from pillar to post for the genuine compensation/indemnity and/or for any other relief/ reliefs to which the petitioner may be found entitled to in course of hearing of the present writ application."

3. The matter relates to a piece of land as under: "Khata No. 195(old), Khesra No. 984(old), Khata No.186(new), Khesra No. 797 (new) measuring an area of 59 decimal situated at Mauza-Yogiyara, Anchal-Bahadurpur, Police Station-Bahadurpur, District-Darbhanga."

4. Learned counsel for the petitioner submits that

3/4 under Mukhyamantri Setu Nirmal Yojana, a bridge was to be constructed on Katsari River. The contention is is that the petitioner's family own the land but without any proper acquisition/payment of compensation, the bridge already stands constructed.

5. He has taken this Court to a report of the 'Anchal Amin' dated 15.07.2023 to show that the acknowledgment is there, so far as the land of the petitioner has been used. He has further taken this Court to letter no.29 dated 07.06.2024 issued by the Project Engineer, Bihar Rajya Pul Nirman Nigam Limited (henceforth for short 'the Nigam'), Works Division, Darbhanga to the Circle Officer, Bahadurpur, Darbhanga by which report was called for but nothing fruitful happened thereafter forcing him to file present writ petition.

6. Learned counsel for the State as also 'the Nigam' submit that the respondent shall be taking up the matter and see to it that the same is taken to its logical conclusion.

7. In the opinion of the Court, it is surprising that a place is earmarked for construction of a bridge, without getting any report whatsoever, if the contention of the petitioner is to be accepted, permission is accorded, financial sanction given and bridge constructed. Later, the respondents realize that it has been constructed on a raiyati land as in the case of the petitioner.

4/4

8. It is high time that the respondents ensure that due process of law is followed and the river is not allowed to flow backwards. The construction is made through public money and any adverse direction by the Court can result into loss of public money and not from an individual.

9. In that background, this Court would expect the Collector, Darbhanga (respondent no.3) to look into the matter, issue notice to the revenue authorities, 'the Nigam' and the petitioner and take decision thereafter.

10. Needless to add, if the petitioner/family members are entitled to compensation, once the decision is taken, the same be also released without any unnecessary delay. The entire process is to be completed within a period of six months from the date, the petitioner submits his representation which he has to be done in the next four weeks from today.

11. The writ petition is disposed of with the aforesaid observation.

(Rajiv Roy, J) vinayak/- U