Hasnain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12294 of 2025 ====================================================== 1.
Hasnain Son of Md. Isha, Resident of Mauza Deoka Tola Tatasi Police station and Anchal- Nauhatta, District- Saharsa. 2.
Md. Sarfraj, Son of Md. Isha, Resident of Mauza Deoka Tola Tatasi Police station and Anchal- Nauhatta, District- Saharsa. 3.
Md. Arshad, Son of Md. Isha, Resident of Mauza Deoka Tola Tatasi Police station and Anchal- Nauhatta, District- Saharsa. 4.
Md. Sahid, Son of Md. Isha, Resident of Mauza Deoka Tola Tatasi Police station and Anchal- Nauhatta, District- Saharsa. 5.
Md. Kaisar Alias Md. Alnuin, Son of Md. Isha, Resident of Mauza Deoka Tola Tatasi Police station and Anchal- Nauhatta, District- Saharsa. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Collector, Saharsa. 2.
The Circle Officer, Nauhatta Anchal, P.S.- Nauhatta, District- Saharsa. 3.
The Executive Engineer, Rural Works Department Work Division Saharsa, Vikash Bhawan, First Floor Saharsa, P.S. and District- Saharsa. 4.
The Land Acquisition Officer, Saharsa, District- Saharsa. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Neeraj Kumar, Advocate For the Respondent/s :
Mr.Standing Counsel (5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 31-07-2025 Heard Mr. Neeraj Kumar, learned counsel for the petitioner and the State.
2. The present petition has been preferred for the following relief/s:
(i) issuance of writ or writs in the nature of mandamus directing the concerned respondents to initiate a land acquisition proceeding in favour of the petitioners w.r.t.
Patna High Court CWJC No.12294 of 2025(2) dt.31-07-2025 2/3 their land which has been taken under "Pradhan Mantri Gram Sarak Yojna";
(ii) issuance of a direction or direction to respondents to pay the adequate compensation to the petitioners of their acquired land by the respondents under Right to fair compensation;
(iii) to pass such other order or orders for which this Hon'ble Court may deem fit and proper for the ends of justice.
3. The matter relates to land situated at Mauza Deoka, thana no. 1 Anchal Nauhatta bearing Khata No. 2 New Khesra 732 measuring 44 decimals, New Khesra 726 measuring 26.4 decimals, New Khesra 729 measuring 44 decimals New Khesra 745 measuring 17.6 decimals, New Khesra 754 measuring 13.2 decimals New Khesra No. 756 measuring 30.8 decimals of land.
4. Mr. Neeraj Kumar, learned counsel for the petitioner submits that the land has been taken for the construction of "Pradhan Mantri Gram Sarak Yojna" (henceforth for short 'the Yojana') for construction of road from Deoka to Bariajai without any acquisition process having been initiated
Patna High Court CWJC No.12294 of 2025(2) dt.31-07-2025 3/3 and/or payment made.
5. With the consent of the parties, the writ petition is disposed of allowing the petitioner to approach the respondent no.4, the District Land Acquisition Officer, Saharsa in next four weeks alongwith relevant documents who shall be noticing all the necessary parties including the respondent no.3 and after hearing them, shall be taking a decision by 31.12.2025.
6. If the respondent no.3 comes with a finding that the petitioner is entitled to the payment, the concerned respondent is duty bound to clear the compensation amount by 31.03.2026.
7. The writ petition stands disposed of with the aforesaid observation.
(Rajiv Roy, J) Ravi/- U