Shakuntala Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12180 of 2025 ====================================================== 1.

Shakuntala Tiwary Wife of Dhananjay Tiwary Resident of Ram Nagri, Sector- 3, Near Ashiyana Nagar, P.S.- Rajiv Nagar, District- Patna. 2.

Dhananjay Tiwary, Son of Late Bhola Nath Tiwary, Resident of VillageBarhauli, P.S.- Mohaniya, District-Kaimur, presently Resident of Ram Nagri, Sector- 3, Near Ashiyana Nagar, P.S.- Rajiv Nagar, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Additional Chief Secretary, Department of Revenue and Land Reforms, Bihar, Patna.

2.

The Additional Chief Secretary, Department of Revenue and Land Reforms, Bihar, Patna.

3.

The Additional Chief Secretary, Department of Rural Work, Bihar, Patna. 4.

The District Magistrate, Kaimur (Bhabhua), Bihar. 5.

The Executive Engineer, Rural Work Department, Work DivisionMohaniya, Kaimur (Bhabhua), Bihar. 6.

The District Public Complaint Redressal Officer, Kaimur (Bhabhua), Bihar. 7.

The Circle Officer, Mohaniya Circle, District- Kaimur (Bhabhua), Bihar. 8.

The District Land Acquisition Office, District Kaimur (Bhabhua), Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Priya Ranjan, Advocate For the Respondent/s :

Mr. Standing Counsel (06) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-07-2025 Learned counsel for the petitioner prays for and is allowed to implead the District Land Acquisition Officer, Kaimur (Bhabhua) as respondent no. 8 in course of the day.

2. Heard the parties.

3. The present petition has been preferred for the following relief(s):

"for issuance of an appropriate writ(s),

Patna High Court CWJC No.12180 of 2025(2) dt.29-07-2025 2/3 order(s), direction(s) directing the respondent authorities to remove/ shift the road constructed by Rural Work Department on the land of the petitioners without acquiring the same and without paying any compensation to the petitioners and which are situated at Mauza- Muthani, Thana No. 544, Khata No. 78, Plot No. 291 which is owned by the petitioners and in alternative for a direction to the respondent authorities to pay the compensation amount with respect to 37.3 decimal of land over which the abovesaid road has been constructed by the Rural Work Department and further for quashing the order dated 05.06.2025 passed by the District Public Complaint Redressal Officer, District- Kaimur (Bhabhua) by which the claim of the petitioner as referred by the respondent authorities to District Complaint Redressal Officer, District-Kaimur (Bhabhua) has been rejected without any valid reason which is totally bad and illegal and further for any other relief(s) for which the petitioner may found entitled to.

4. After some arguments, learned counsel for the

Patna High Court CWJC No.12180 of 2025(2) dt.29-07-2025 3/3 petitioner submits that he shall be preferring an appropriate petition before the respondent no. 4, the District Magistrate, Kaimur at Bhabua in next four weeks along with all the supporting documents to show that on his raiyiti land, the road has been constructed without his consent and/or paying any compensation.

5. Learned State counsel has no objection to it.

6. In that background, the writ petition stands disposed of allowing the petitioner to approach the Collector, Kaimur at Bhabua in next four weeks.

7. If such petition is filed, the same shall be taken up and after noticing all the parties including the Revenue Officials, it has to be taken to its logical conclusion by 31.03.2026.

(Rajiv Roy, J) Adnan/- U