Tarun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17930 of 2025 ====================================================== 1.

Tarun Kumar Son of Chhedi Prasad Mandal, Resident of Village-Naraihia, P.S.-Pothia, District-Katihar.

2.

Manish Kumar, Son of Mantu Prasad Mandal, Resident of Village-Naraihia, P.S.-Pothia, District-Katihar.

... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Rural Works Department, Government of Bihar, Patna.

3.

The District Magistrate, Katihar.

4.

The District Planning Officer, Katihar.

5.

The Executive Engineer, Rural Works Department, Works Division, Katihar. 6.

The Block Development Officer, Sameli, District-Katihar. 7.

The Circle Officer, Sameli, District-Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, adv.

For the Respondent/s :

Mrs. Archana Meenakshee, GP-6 Mr. Rohit Singh, AC to GP-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 18-11-2025 The instant writ application has been filed under Article 226 of the Constitution of India by the petitioners seeking the following relief(s):

" I. For issuance of a writ in the nature of certiorari for quashing the illegal and arbitrary action of the S respondents in constructing a road over the private lands of the petitioners bearing (i) Khata No. 1954, Plot No. 2105 (ii) Khata No. 1954, Plot No. 2063/6991 (iii) Khata No. 1954, Plot No. 2063 (iv) Khata No. 1127, Plot No. 2108 (V) Khata No. 169, Plot No. 2122

Patna High Court CWJC No.17930 of 2025(2) dt.18-11-2025 2/3 (vi) Khata No. 1220, Plot No. 2104;

and for consequential payment of due compensation. II. For issuance of a writ in the nature of mandamus commanding and directing the respondent authorities to forthwith stop any on-going ог proposed construction of road over the petitioners' land and to restore possession to the petitioners.

III. For issuance of an appropriate direction commanding the respondents to pay due compensation for the land occupied and damages caused, in accordance with law.

IV. For issuance of a direction to the respondent authorities to dispose of the pending representation of the petitioners after giving them due opportunity of hearing.

V. For issuance of such other order(s) or direction(s) as may be deemed fit and proper in the facts and circumstances of the case."

2. Mr. Sanjay Kumar, learned counsel appearing for the petitioners and Mrs. Archana Meenakshee, learned counsel appearing for the State-respondents are present and they are heard.

3. The main issue raised by the petitioners in this writ petition is that upon the petitioners' raiyati land as detailed in paragraph no. 3 of the petition, the Executive Engineer Rural Works Department, Works Division, Katihar has taken a decision to construct a road under Mukhya Mantri Gram Sampark Yojna Scheme and a foundation stone has also been

Patna High Court CWJC No.17930 of 2025(2) dt.18-11-2025 3/3 laid upon the petitioners' land and in this regard, petitioners had filed an application (Annexure-P/3) before the District Planning Officer, Katihar for redressal of their grievance.

4. This court finds that the issue raised by the petitioners is premature for consideration under writ jurisdiction, however, the District Planning Officer, Katihar, is directed to look into the grievance raised by the petitioners in their application (Annexure-P/3) and take necessary steps as per the provision of law and dispose of the same within four weeks.

5. Accordingly, the instant writ petition stands disposed of.

(Shailendra Singh, J) Rajiv/- U