Ashok Sahani v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3237 of 2015 ====================================================== Ashok Sahani Son of Late Ramdeo Sahani, resident of village- Bara, Anchal Khodawandpur, District- Begusarai ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Begusarai 3.

The Deputy Collector, Land Reforms, Begusarai 4.

The Circle officer, Khodawandpur, Begusarai 5.

Anchal Amin, Circle Office, Khodawandpur, Begusarai 6.

The Mukhiya Gram Panchayat Bara, Khodawandpur, District- Begusarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Nazir Ansari, Advocate For the State :

Ms. Sushmita Sharma, AC to SC-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-02-2026 Heard the parties.

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

"for issuance of an appropriate writ or order or direction commanding the respondents not to acquire the land in question and restore the possession of the petitioner's house since there is no valid proceeding under the Bihar Land Acquisition Act 1894."

3. The documents on record show that a public road was encroached, got cleared. This happened after the

Patna High Court CWJC No.3237 of 2015(4) dt.02-02-2026 2/2 measurement of the area and putting amongst other the petitioner on notice as reflect from different annexures.

4. Learned counsel for the petitioner submits that he was not properly heard by the Revenue Authorities before taking a decision.

5. Learned State counsel on the other hand with the help of counter affidavit shows that request/notices were issued but the petitioner chose not to cooperate in the said proceeding which followed the decision/clearance of the 'Aam Rasta'.

6. Learned counsel for the petitioner submits that it will suffice if his fresh petition is looked into by the Collector, Begusarai (respondent no.2).

7. Learned State counsel has no objection.

8. In that background, the writ petition is disposed of allowing the petitioner to approach the concerned respondent, who shall be noticing/hearing the parties and shall be passing an appropriate order.

9. Needless to add, if the petitioner is still aggrieved, the remedy lies before a competent Civil Court. (Rajiv Roy, J) vinayak/- U