Surendra Narayan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21026 of 2019 ====================================================== 1.

Surendra Narayan Jha Son of Late Narayan Jha Resident of Village- Kurson, P.S.- Sakatpur, District- Darbhanga.

2.

Sunil Kumar Jha Son of Late Narayan Jha Resident of Village- Kurson, P.S.- Sakatpur, District- Darbhanga.

3.

Ram Kumar Jha Son of Late Narayan Jha Resident of Village- Kurson, P.S.- Sakatpur, District- Darbhanga.

4.

Mahendra Narayan Jha, Madan Son of Late Satya Narayan Jha Resident of Village- Kurson, P.S.- Sakatpur, District- Darbhanga. 5.

Sunita Jha Wife of Late Devendra Narayan Jha Resident of Village- Kurson, P.S.- Sakatpur, District- Darbhanga.

6.

Gajendra Narayan Jha Son of Late Rameshwar Jha Resident of VillageKurson, P.S.- Sakatpur, District- Darbhanga. 7.

Kanhaiya Jha Son of Late Rameshwar Jha Resident of Village- Kurson, P.S.- Sakatpur, District- Darbhanga.

8.

Dev Narayan Jha Son of Late Rameshwar Jha Resident of Village- Kurson, P.S.- Sakatpur, District- Darbhanga.

9.

Bhuvneshwar Jha Son of Yadu Jha Resident of Village- Kurson, P.S.- Sakatpur, District- Darbhanga.

10.

Fekan Jha Son of Bideshwar Jha Resident of Village- Kurson, P.S.- Sakatpur, District- Darbhanga.

11.

Shila Kant Jha Son of Bideshwar Jha Resident of Village- Kurson, P.S.- Sakatpur, District- Darbhanga.

12.

Jai Narayan Jha Son of Yadu Jha Resident of Village- Kurson, P.S.- Sakatpur, District- Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary Road Construction Department, Bihar, Patna.

2.

The Managing Director Bihar, Rajya Pul Nirman Nigam Ltd. Patna. 3.

The District Magistrate Darbhanga.

4.

The Engineer in Chief Road Construction Department, Bihar, Patna. 5.

The Executive Engineer Road Construction Department, Benipur, Darbhanga.

6.

The Project Engineer Bihar Rajya Pul Nirman Nigam Ltd., Work Division Darbhanga.

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

For the Petitioner/s :

Mr. Girish Chandra Jha, Advocate For the Respondent/s :

Mr. Uday Shankar Saran Singh (GP-19)

Patna High Court CWJC No.21026 of 2019(3) dt.20-01-2026 2/3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-01-2026 Heard Mr. Devendra Kumar Sinha, learned Senior counsel for the petitioners and Mrs. Shobha Chaubey, learned counsel for the State.

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

"for issuance of appropriate writ or writs, direction or directions commanding the respondents to remove the encroachment made on the raiyati land of the petitioner as bridge and its diversion after removal/cutting the valuable trees and damaged the nature of the land due to construction on the raiyati land of the petitioner without consent of the petitioner and without initiation of a proceeding under the land acquisition act and or in alternative to pay compensation to the petitioner for the land having area 53 dec. for damaging the adjacent land of the petitioner on which soil has been taken and deep ditch has been made after changing the fertile land of the petitioner by under a land acquisition proceeding and or issuance of compensation writ or writs under the fact and circumstances of the case."

3. Learned Senior counsel for the petitioners submit that

Patna High Court CWJC No.21026 of 2019(3) dt.20-01-2026 3/3 now that the counter-affidavit has come on behalf of the Bihar State Bridge Construction Corporation Ltd., in that background, it would suffice if the petitioners are allowed to approach the respondent no. 1, the Principal Secretary, Road Construction Department, Bihar, Patna for the redressal of the grievance.

4. Learned State counsel has no objection.

5. In the aforesaid background and limited prayer that has been put forward by the petitioners through their learned Senior counsel, the writ petition stands disposed of allowing the petitioner to approach the concerned respondent in next eight weeks.

6. If such petition is preferred within the aforesaid period, the same shall be taken into consideration and after hearing all the parties, decide the same at an earliest in accordance with law.

(Rajiv Roy, J) Adnan/- U