Anwari Begum v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11151 of 2025 ====================================================== Anwari Begum Wife of SalimUddin, resident of Village-TaufirJhingakata, P.O.-Maheshbathna, P.S.-Bahadurganj, District-Kishanganj. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Additional Chief Secretary, Department of Land Revenue, Government of Bihar, Patna.
3.
The Additional Chief Secretary, Department of Public Works (P.W.D.), Government of Bihar, Patna.
4.
The District Magistrate, Kishanganj, District-Kishanganj. 5.
The District Land Acquisition Officer (D.L.O.) Kishanganj, DistrictKishanganj. 6.
The Executive Engineer, Public Works Division, Kishanganj, DistrictKishanganj. 7.
The Circle Officer, Bahadurganj, District-Kishanganj. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahtab Alam, Advocate For the Respondent/s :
Mr. Government Pleader (17) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-07-2025 Heard the parties.
2. The present petition has been preferred for the grant of following relief(s):
(A) For issuance of an appropriate writ or writs in the nature of mandamus directing the respondent/authorities not to utilize/acquire one sided land at MauzaTaufirJhingakata, Bahadurganj Anchal, Thana No-202, for widening and strengthening of
2/4 "Bahadurganj-Tedhagachh Road"
under Kishanganj District complete destruction, demolition causing and displacement of the petitioner due to acquisition of entire land along with Residential House and commercial complex consisting shops appertaining to Thana No-202, Khata No-4, Khesra No-465 & 471 an area of 84 decimal situated at Mauza-TaufirJhingakata, Bahadurganj Anchal, Kishanganj which is arbitrary, illegal and in complete violation of Fundamental Rights relating right to life, livelihood and equality and Constitutional Rights relating to property of the petitioner enshrined under the Constitution of India.
(B) For issuance of an appropriate writ or writs for quashing part Notices under Section-21(2) of Act 30/2013 in Land Acquisition Case No-13/2024-25 contain in Memo No-456 and 457 dated 08-02-2025 with direction the respondent authorities to acquire/utilize both side lands for widening and strengthening of "Bahadurganj-Tedhagachh Road"
under
3/4 Kishanganj District and further restraining the respondent authoritiesfrom using/utilizing one sided entire land along with residential house and commercial complex of the petitioner at Mauza-TaufirJhingakata, Bahadurganj Anchal, Thana No-202, appertaining to Thana No-202, Khata No-4, Khesra No-465 & 471 an area of 84 decimal situated at Mauza-TaufirJhingakata, Bahadurganj Anchal, which is arbitrary and illegal.
(C) For any other relief or relief for which petitioner is entitled in the opinion of this Hon'ble High Court.
3. In such matter, where the government had decided to widen/construct the Highway, the same has to best left to the State itself. The Court should desist from interfering in it which may create problem for the construction/widening of the road and ultimately the public will be the looser.
4. However, here is the case where the petitioner submits that only one side of the road is being taken, the submission is that the Collector, Kishanganj (respondent no.4) be directed to look into the matter and pass an appropriate order.
4/4
5. The State has no objection to the said submission.
6. In view of the limited prayer, the writ petition stands disposed of directing the respondent no.4, the Collector, Kishanganj to dispose of the representation of the petitioner, if pending and/or if any such fresh petition is preferred in next four weeks alongwith all the supporting document.
7. It is expected that the petition shall be disposed of at an earliest.
8. The writ petition stands disposed of.
(Rajiv Roy, J) vinayak/- U