Satyajit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11096 of 2025 ====================================================== Satyajit Kumar Singh S/o or C/o Kaushlendra Pratap Narayan Singh, R/o Village- Poiwan, P.S.- Muffasil, District- Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary of Rural Work Department, Bihar.

2.

The District Magistrate-cum-Collecto, Aurangabad. 3.

The Additional District Magistrate, Aurangabad. 4.

The Deputy Development Commissioner, Aurangabad. 5.

The Deputy Collector of Land Reforms (DCLR), Aurangabad 6.

The District Programming Officer, Aurangabad. 7.

The Circle Officer, Aurangabad.

8.

Niraj Kumar Singh, S/o- Ranvijay Kumar Singh, R/o- Village- Poiwan, P.S.- Muffasil, District Aurangabad.

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

For the Petitioner/s :

Mr.Mukul Kumari For the Respondent/s :

Mr.Additional Advocate General (4) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 15-07-2025 In the instant petition, petitioner has prayed for the following relief:- (i) To direct the respondent authority to stay the construction of G.S.Y road without acquired the personal land of the petitioner bearing Khata No. 116, 34, Plot No. 581, 611 and 610, Mauza Poiwan, nature of land Raiyati, Aurangabad.

(ii) To direct the respondent authority who were forcefully constructing the said road on the personal land of the petitioner under the Prime Minister's Rural Roads

2/4 Scheme.

(iii) To direct the respondent authority to construct the road on the Government Pind (land) bearing breadth of 30 feet, situated beside the land of the petitioner bearing Khata No. 116, 34, Plot No. 581, 611 and 610, Mauza Poiwan, nature of land Raiyati, Aurangabad under the Prime Minister's Rural Roads Scheme.

(iv) To direct the respondent authority who has already prepared, Detailed Project Report (D.P.R) for construction of G.S.Y road under the Prime Minister's Rural Roads Scheme on the Government Pind (land) bearing breadth of 30 feet, situated beside the land of the petitioner.

(v) To issuance of writ in nature of mandamus or any appropriate writ/writs, order and direction to direct the respondent authorities.

2. Learned counsel for the petitioner submits that without giving notice to the petitioner, the land of the petitioner bearing Khata No. 116, 34 Plot No. 581, 611 and 610 has been taken without initiating any acquisition process. Learned counsel for the petitioner submits that on 06.02.2020 D.P.R (Detailed Project Report) was prepared for construction of G.S.Y road from Poiwan Ebanpur more to Dehari road by the Rural Works Department, Government of Bihar under the Prime Minister's Rural Road Scheme. On 07.06.2025, petitioner gave application to SHO, Muffasil Police Station, Aurangabad with regard to stay

3/4 the construction of road as well as protection of his life but no action has been taken. On 09.06.2025, petitioner has given application to District Magistrate, Aurangabad wherein it was mentioned that the Detailed Project Report was prepared for construction of road on Government land but no action has been taken. On 10.06.2025, petitioner has given an application to the Circle Officer, Aurangabad in this regard but no action has been taken. Petitioner represented several authorities for stay the construction of G.S.Y road but no one has taken any action hence, petitioner approached this court. He further submits that lastly by virtue of Annexure-P/8, it has been submitted that District Magistrate has taken initiative by addressing to DDC, Aurangabad for taking necessary action after making enquiry over the land of the petitioner but no action has been taken on the said direction given by District Magistrate uptill now.

3. Learned counsel on behalf of the State has submitted that Annexure-P/8 is crystal clear that the direction has already been given by District Magistrate to DDC for taking necessary action after making enquiry over the land of the petitioner, hence, DDC may be directed to take further action in the light of the grievance of the petitioner.

4. Considering the facts and circumstances of the case and

4/4 the submissions advanced on behalf of the parties, it is evident that District Magistrate has already directed the DDC to take necessary action but the DDC has not taken any action uptill now in the light of direction given by District Magistrate. Accordingly, the concerned authority i.e. DDC, Aurangabad is hereby directed to take appropriate action, as per provision of law, with regard to the grievance raised by the petitioner, expeditiously, without being prejudiced by the order passed by this Court.

5. The writ petition stands disposed of with the above directions/observation.

(Alok Kumar Pandey, J) vashudha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.07.2025 Transmission Date NA