← Library
Patna High CourtCWJC/5543/2026disposed

Chandan Kumar v. The State Of Bihar

2026-06-15Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5543 of 2026 ====================================================== 1.

Chandan Kumar Son of Late Krishna Nandan Singh Resident of village and Post Office- Ramchandrapur, Police Station- Pipariya, District- Lakhisharai. 2.

Anila Devi, Wife of Sri Ram Sharma Resident of village and Post OfficeRamchandrapur, Police Station- Pipariya, District-Lakhisharai. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Road Construction Department, Govt. of Bihar, Patna.

3.

The District Magistrate, Lakhisarai.

4.

The Executive Engineer, Rural Works Department, Work Division, Sheikhpura.

5.

The Executive Engineer, Road Division, Lakhisarai. 6.

The District Land Acquisition Officer, Lakhisarai. 7.

The Circle Officer, Pipariya, District- Lakhisarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Nibash Prasad, Adv.

For the Respondent/s :

Mr. Prashant Pratap, G.P.-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-06-2026 Heard Mr. Ram Nibash Prasad, learned counsel for the petitioners and the State.

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

i. for issuance of an writ / order / direction, restraining the Respondents more particular Respondent No-4, 5 and 7 for making any construction of P.W.D. Road from Surjichak to Rahatpur Block

2/4 Headquarter Mohanpur Via Ramchandrapur, over Ancestors land of both the petitioners bearing Khata No.151, Khesra No.460 Area-4 Decimals, Khata No.3, Khesra No.462, Area-4 Decimals, Khata No.-3, Khesra No.464, Area-4 Decimals and Khata No.3, Khesra No.461, Area-4 Decimals in respect of the petitioner no.1 and so far petitioner No.2 is concerned Khata No.03, Khesra No.464, Area-4 Decimals, Khata No.151, Khesra No.460, Area-4 Decimals, Khata No.03, Khesra No.463, Area-4 Decimals and Khata No.

151, Khesra No.461 (wrongly mentioned as 460), Area-4 Decimals within Mauza Aliwali, Anchal-Pipariya in the District of Lakhisarai over which the Respondent No-4, 5 and 7 making forcefully construction of P.W.D. road without initiation of land acquisition proceeding and without making the statutory compensation;

ii. For issuance of a writ / writs, order / orders, direction commanding the Respondents Authorities to release the Ancestors land of the petitioner No.1 bearing Khata No.151, Khesra No.460 Area4 Decimals, Khata No.3, Khesra No.462, Area-4 Decimals, Khata No.-3, Khesra No.464, Area-4 Decimals and Khata No.3, Khesra No.461, Area-4 Decimals and so far

3/4 petitioner No.2 is concerned Khata No.03, Khesra No.464, Area-4 Decimals, Khata No.151, Khesra No.460, Area-4 Decimals, Khata No.03, Khesra No.463, Area-4 Decimals and Khata No.151, Khesra No.461 (wrongly mentioned as 460), Area-4 Decimals within Mauza Aliwali, AnchalPipariya in the District of Lakhisarai in their favour forthwith and not interfere with the possession of the petitioners without observing the due process of law;

iii. The petitioners be also granted any other relief/reliefs for which the petitioners are entitled too.

3. Learned counsel for the petitioners has straightway taken this Court to the letter no. 4324 dated 26.12.2023 passed by the Collector, Lakhisarai to show that he has directed the Executive Engineer, Road Division, Lakhisarai as also the Circle Officer, Pipariya to submit report in the matter.

4. It is the case of the petitioners that even the direction of the Collector, Lakhisarai has not been taken note of by the concerned respondents.

5. In that background, instead of keeping the case pending and seeking response from the respondents, it would be appropriate that the writ petition is disposed of directing the

4/4 Collector, Lakhisarai to act on his own letter no. 4324 dated 26.12.2023 and take the matter to its logical conclusion at an earliest.

6. It is further made clear that if the Collector, Lakhisarai comes to the conclusion that the grievance of the petitioners is/are genuine, the further steps, in accordance with law, has to be taken.

7. The entire process is to be completed within a period of three months from the date the petitioners submit representation before the concerned authority.

8. The writ petition stands disposed of with aforesaid observation.

9. Any development that shall take place in between shall be subject to the final outcome of the reasoned order to be passed by the Collector, Lakhisarai.

(Rajiv Roy, J) Vijay Singh/Munindra kumar sahu U