Binay Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11040 of 2026 ====================================================== 1.

Binay Kumar Sinha Son of late Nand Kishore Narayan Lal and Sarojini Devi, resident of Mohalla South of Block Primary School, Near Tara Bhawan, Aurangabad, P.O. Aurangabad, P.S. Aurangabad Town, District Aurangabad.

2.

Surya Kant, Son of Binay Kumar Sinha, resident of Mohalla South of Block Primary School, Near Tara Bhawan, Aurangabad, P.O. Aurangabad, P.S. Aurangabad Town, District Aurangabad.

3.

Alok Kumar Sinha, Son of Late Ajay Kumar Sinha and married grandson of Sarojini Devi, resident of opposite Lalit Niwas, Mohalla Biratpur, P.O., P.S. and District Aurangabad (Bihar).

4.

Amitabh Kumar, Son of Late Ajay Kumar Sinha and married grandson of Sarojini Devi, resident of opposite Lalit Niwas, Mohalla Biratpur, P.O., P.S. and District Aurangabad (Bihar).

5.

Amita Ranjan, D/o Late Ajay Kumar Sinha and married grand-daughter of Sarojini Devi, resident of opposite Lalit Niwas, Mohalla Biratpur, P.O., P.S. and District Aurangabad (Bihar).

6.

Abha Sinha, D/o Late Ajay Kumar Sinha and married grand-daughter of Sarojini Devi, resident of opposite Lalit Niwas, Mohalla Biratpur, P.O., P.S. and District Aurangabad (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Development Department, Government of Bihar, Patna.

2.

The Principal Secretary, Rural Development Department, Government of Bihar, Patna.

3.

The District Magistrate, Aurangabad, P.O., P.S. and District Aurangabad. 4.

The Block Development Officer, Deo, P.O. and P.S. Deo, District Aurangabad.

5.

The Circle Officer, Deo, P.O. and P.S. Deo, District Aurangabad. 6.

The Executive Engineer, Road Construction Department, Road Construction Division No. 1, Aurangabad, P.O. Aurangabad, P.S. Aurangabad Town, District Aurangabad.

7.

The District Land Acquisition Officer, Aurangabad, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uma Kant Mishra, Advocate For the Respondent/s :

Mr.Government Pleader (20) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

Patna High Court CWJC No.11040 of 2026(2) dt.24-07-2026 2/3 24-07-2026 Heard the parties.

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

(i) for issuance of direction(s) in the nature of writ of mandamus directing the respondents to pay the petitioners compensation in lieu of construction of P.C.C. Road over raiyati land of the petitioners appertaining to plot No 301 and 352 under Khata No. 62 measuring area of 15.00 and 23Acres i.e. Deo Belsara Mahila Sansadhan Kendra Godown Path (from 0.00 K.M. to 1.350), Package No. BR02RC334 even without taking their consent and without following the due process of land acquisition under the Bihar Land Acquisition Act (herein after referred to as 'the Act') or in alternative an appropriate order(s) be passed directing the respondents to remove the encroachment over the raiyati land of the petitioners due to construction of the road made without consent of the

Patna High Court CWJC No.11040 of 2026(2) dt.24-07-2026 3/3 petitioners and following the due process of law under 'the Act'.

3. After some argument, learned counsel for the petitioner submits that it will suffice, if his case is taken up by the Collector, Aurangabad (respondent no.03) and dispose it of.

4. Learned State counsel has no objection to the said stand of the petitioner.

5. In that background, learned counsel for the petitioner undertakes to file fresh representation in next four weeks alongwith all the supporting documents.

6. If such petition is preferred in next four weeks, the Collector, Aurangabad shall take up the matter after hearing the parties, it is expected that the same be taken to its logical conclusion at an earliest.

7. The writ petition is disposed of.

(Rajiv Roy, J) Ravi/- U