Ajay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16788 of 2025 ====================================================== 1.

Ajay Kumar Singh, Son of Late Rajeshwar Singh, Resident of Village Amnour Harnarayan, Police Station - Amnour, District - Saran. 2.

Chandan Kumar Goswami, Son of Chandeshwar Goswami, Resident of Village- Amnour Harnarayan, Police Station- Amnour, District- Saran. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Road Construction Department, Government of Bihar, Patna.

3.

The Engineer-in-Chief, Road Construction Department, Government of Bihar, Patna.

4.

The District Magistrate, Saran at Chapra.

5.

The Executive Engineer, Road Construction Department, Sonepur Division, Saran at Chapra.

6.

The Superintendent of Police, Saran at Chapra. 7.

The District Land Acquisition Officer, Saran at Chapra. 8.

The Sub Divisional Officer, Marhaura Sub Division, Saran at Chapra. 9.

The Block Development Officer, Amnour Block, Saran at Chapra. 10.

The Circle Officer, Amnour Block, Saran at Chapra. 11.

The Station House Officer of Amnour Police Station, Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shekhar Harshvardhan, Adv.

For the Respondent/s :

Mr. Subhash Chandra Mishra, SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-11-2025 The instant writ petition has been filed by the petitioners under Article 226 of the constitution of India, seeking the following reliefs :- "(i) For setting aside the letter no. 1406 dated 06.12.2024 issued by the Executive Engineer, Road Construction Department, Sonepur Division, Saran at Chapra whereby and where under he has

2/4 addressed District Magistrate, Saran at Chapra stating therein that there is need of Junction Improvement at Amnour Market, which is situated on 28th K.M. of Sheetalpur Parsa Mashrakh Basantpur Road and for this Junction Improvement there is need of land acquisition.

(ii) For issuance of an order to the respondent concerned in the nature of mandamus for not disturbing the possession of the petitioners on their private property and not to disturb petitioners in the construction work of their respective houses.

(iii) For issuance of any other appropriate writ(s), order(s), direction(s) for which the writ petitioner would be found entitled under the facts and circumstances of this case."

2. Mr. Shekhar Harshvardhan, learned counsel for the petitioners and Mr. Subhash Chandra Mishra, learned SC-16 for the State-respondents, are present and they are heard.

3. The main grievance raised by the petitioners in this petition is that in the name of improvement of Junction at Amnour market, the petitioners have been stopped from construction work upon their own land while no step has been taken for acquiring their land and even there is no notification and mainly on the basis of a letter sent by the Executive Engineer, Road Construction Department, Sonepur Division, Saran at Chapra (respondent No. 5) to the District Magistrate, Saran at Chapra (respondent No. 4), the petitioners are being

3/4 harassed by the police officials. It is submitted by the petitioners' counsel that for redressal of their grievance, the petitioners have approached the District Magistrate, Saran at Chapra (respondent No. 4) by filing an application (Annexure - P/4 series) and also have given a representation before the Chief Engineer, North Bihar, Road Construction Department, Bihar, Patna, (Annexure- P/3) but even then the concerned officials are continuously harassing the petitioners in the name of improvement of the said junction. The petitioners have collected a large quantity of raw materials required for the construction of their building over their land, worth about ten lakhs and have also completed part construction over their land.

4. After having heard both the sides, this Court is of the view that the issue raised by the petitioners in this petition is premature for consideration by this Court under Article 226 of the Constitution of India, however, the Chief Engineer, North Bihar, Road Construction Department, Bihar, Patna, and the District Magistrate, Saran at Chapra are directed to look into the petitioners' grievance and take necessary steps for redressal of their grievance (Annexures P/3 and P/4 series, respectively), if they have made out a bona fide case, in the next two months from the date of receipt or production of a copy of this Court's

4/4 order.

5. Accordingly, with the above direction, the instant writ petition stands disposed of.

(Shailendra Singh, J) annu/- U