Sushil Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15408 of 2023 ====================================================== Sushil Jha Son of Late Bahadur Jha, Resident of Village - Kamalpur, Pipra, P.S. - Pipra, District - Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary Old Secretariat, Bihar, Patna. 2.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The Commissioner, Koshi Division, Saharsa.

4.

The District Magistrate, Supaul.

5.

The District Land Acquisition Officer, Supaul. 6.

The Circle Officer, Pipra, Supaul.

7.

The Union of India, through the Secretary, Department of Road Transport and Highways, New Delhi.

8.

The Director, Ministry of Road Transport and Highways, New Delhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarnath Jha, Advocate For the Respondent/s :

Mrs. Nutan Sahay, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-03-2026 Heard Mr.Amarnath Jha, learned counsel for the petitioner and Mrs. Nutan Sahay, learned AC to AAG-12.

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

(i) for issuance of an appropriate writ directing the respondents for payment of compensation to the petitioner for 25 decimals of the land out of khata No. 12 plot No. 88 mauza Pipra Thana No. 242 Tauji

Patna High Court CWJC No.15408 of 2023(4) dt.13-03-2026 2/3 No. 533/21, P.S. Pipra, District Supaul which has been used by them in construction of bridge and in Earth work in connection with NH 106 while only 1 acre 20 decimals of the land of the said big plot was but acquired but 25 decimals more land has been used;

(ii) for direction upon the respondents to remove the illegal construction and earth work done on 25 decimals more land than the acquired land if the petitioner is not compensated;

(iii) for any other relief(s)/ order/orders to which the petitioner may be found entitled in the facts and circumstances of the case;

(iv) for restraining the respondents from further construction on the aforesaid land till disposal of the present writ application..

3. The State counsel with the help of counter affidavit submits that paragraph-06 which records that plot no.88 has been acquired and compensation has already been paid to the petitioner.

Patna High Court CWJC No.15408 of 2023(4) dt.13-03-2026 3/3

4. The claim of the petitioner is that the plot is not 1.20 but excess of it for which payment has not been made. However, there is nothing on record to show what is the actual area of plot no.88.

5. In that background, no relief can be extended to the petitioner. If he is able to produce the document and show that the plot no. 88 is an excess of 1.20 can very well agitate the matter before the Collector, Supaul (respondent no.04) in this regard.

6. With the aforesaid observation, the writ petition is disposed of.

(Rajiv Roy, J) Ravi/- U