Highway Heaven Family Restaurant v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6105 of 2026 ====================================================== 1.

Highway Heaven Family Restaurant through its proprietor Atul Kumar Ranjan 2.

Atul Kumar Ranjan S/o Ratan Kishore, resident of Village- Near St. Xaviers College, Digha Bagicha, Digha Ghat, P.O.- Digha Gatt., P.S. Digha, DistrictPatna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Collector, Saran at Chhapra 2.

The District Magistrate -Cum- Collector, Saran at Chhapra. 3.

The Sub-Divisional Officer, Sone Pur, District- Saran (Chhapra). 4.

The Station House Officer, Sone Pur, District- Chhapra. 5.

The Central General Manager -Cum- Regional Officer, Bihar National High Way Authority of India, Regional Office Patna. 6.

The Project Director, P.I.U., Chhapra, District- Saran at Chhapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suraj Narain Yadav, Advocate :

Mr. Ranjit Kumar Yadav, Advocate For the State :

Mr. Government Pleader (22) :

Mr. K.K. Singh, AC to GP-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-05-2026 Heard Mr. Suraj Narain Yadav, learned counsel for the petitioners and learned State counsel.

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

"(i) for issuance of appropriate direction to quash the letter notice dated 23.12.2025 issued under Signature of Project Director, NHAI, PIUChhapra, by which the petitioners have been

Patna High Court CWJC No.6105 of 2026(2) dt.05-05-2026 2/3 asked to show cause why on authorized occupation 80 sqm situated at K.M. 198 to 270 (RHS) of N. H. No. 31 as unauthorized occupation.

(ii) for issuance of an appropriate writ, direction to the respondent no.6 to provide access road to the petitioners' hotel at the NHAI 31 as cited in (i) of para-1.

(iii) for issuance of an appropriate writ, direction that the action of respondents by which access way constructed by petitioner to approach his Hotel without any disturbance in public tranquility is nothing but a harsh action without receiving the explanation and without deciding it."

3. After some argument, learned counsel for the petitioners submit that they shall be approaching the SubDivisional Officer, Sonepur, Saran pursuant to the notice no.266 dated 18.02.2026 alongwith all the supporting document to convince the said office.

4. Learned State counsel submits that the notice has been issued, if the petitioner approaches the Sub-Divisional

Patna High Court CWJC No.6105 of 2026(2) dt.05-05-2026 3/3 Officer, Sonepur, Saran, the matter shall be taken to its logical conclusion.

5. In that background, the writ petition is disposed of allowing the petitioners to appear before the Sub-Divisional Officer, Sonepur, Saran and he/she shall be hearing all the parties and is duty bound to pass a reasoned order.

6. Needless to add, the Sub-Divisional Officer, Sonepur, Saran will also be hearing beside the petitioners, State respondents, the officials of the National Highway Authority of India before taking the decision.

(Rajiv Roy, J) vinayak/- U