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Patna High CourtCWJC/10975/2026disposed

Sushila Devi v. The State Of Bihar

2026-07-24Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10975 of 2026 ====================================================== 1.

Sushila Devi Village- Chandranagar, P.O.- Koshi College, P.S.- Muffasil, Khagaria, District- Khagaria 2.

Prahlad Prasad Village- Chandranagar, Ward No. 8, P.O.- Koshi College, P.S.- Muffasil Khagaria, District- Khagaria ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chief Secretary, Government of Bihar, Patna.

2.

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

3.

The District Magistrate cum Collector, Khagaria. 4.

The Additional Collector cum, Public Grievance Redressal Officer, Khagaria.

5.

The Sub-Divisional Public Grievance Redressal Officer, Khagaria. 6.

The Chairman, Municipal Council, Khagaria.

7.

The Executive Officer, Municipal Council, Khagaria. 8.

The Nagar Amin, Municipal Council, Khagaria.

9.

The Circle Officer, Sadar, Khagaria.

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

For the Petitioner/s :

Mr. Rohit Raj, Advocate For the State :

Mr. Sanjay Kumar, Advocate For Nagar Parishad : Mr. Ankit Roy, Advocate : Mr. Sudhanshu, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-07-2026 Heard the parties.

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

(i) for issuance of a writ in the nature of Mandamus or any other appropriate writ/order/direction

2/4 to the Respondents to pay fair, just and adequate compensation to the Petitioners for the land illegally utilized for construction of the public road, together with all statutory benefits including solatium, interest and other admissible compensation in accordance with law;

(ii) for issuance of an appropriate writ, order or in the nature of Mandamus direction commanding the Respondents to assess and pay compensation for the consequential damages suffered by the Petitioners on account of improper construction of the road without adequate drainage facilities, resulting in waterlogging, damage to the Petitioner's residential property and loss of rental income.

3/4 (iii) for the issuance of an appropriate writ, order or direct in the nature of Mandamus directing the Respondents ensure the proper drainage without causing damage further and undertake all necessary remedial measures to prevent waterlogging in and around the Petitioner's property;

(iv) for the issuance of an appropriate writ, order or direction in the nature of Mandamus directing the Respondents to remove the constructed road upon the land of the Petitioners.

(v) for grant of any other relief or reliefs to which the petitioners may be found entitled in the facts and circumstances of the present case.

4/4

3. After some argument, learned counsel for the petitioners submit that, it will suffice, if the writ petition preferred before the Collector, Khagaria dated 29.12.2025 duly received in his office, is taken note of and disposed of.

4. Learned State Counsel submits that the petition has to be submitted along with the supporting documents and in the absence of any document as reflects from the representation itself, no proper decision can be made.

5. At this stage, learned counsel for the petitioners submit that proper petition with supporting document shall be filed in four weeks.

6. In that background, the writ petition stands disposed of allowing the petitioners to approach the Collector, Khagaria within a period of four weeks who shall be duty bound to look into the matter and pass an appropriate order, in accordance with law, at an earliest.

(Rajiv Roy, J) ankita/- U