Ramnandan Sahini v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.284 of 2025 ====================================================== Ramnandan Sahini S/o Chandeshwar Sahini R/o Ward Number- 15, Bagha, P.S.- Kanhauli, District- Sitamarhi, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary of Revenue and Land Reforms Department, Government of Bihar.

2.

The Director, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

3.

The Chief Engineer, Road Construction Department, Government of Bihar. 4.

The District Land Acquisition Officer, Sitamarhi. 5.

The District Magistrate, Sitamarhi.

6.

The Superintending Engineer, Road Construction Department, Sitamarhi. 7.

The Circle Officer, P.S. Sonbarsa, District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishwajeet Kumar Mishra, Advocate For the Respondent/s :

Ms. Anuradha Singh, SC-25 Ms. Nutan Kumari Sharma, AC to SC-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-01-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present Writ Petition has been filed for issuance of a writ of mandamus for directing the respondents to perform their public duty in relation to the alleged illegal construction of a public road over the petitioner's private land without following the due procedure of law and without any process of acquisition and without payment of compensation.

3. Learned counsel for the petitioner submits that the

Patna High Court CWJC No.284 of 2025(2) dt.21-01-2025 2/2 said Plot No. 1051 (area 3 decimals) situated in Khata No. 322 and Plot No. 1052 (5 decimals) in Khata N. 648 appertaining to Village - Bagha, P.S. Kanhauli, District- Sitamarhi.

4. Learned counsel for the State has raised a preliminary objection and submits that for issuance of writ of mandamus, the petitioner's representation is a necessary condition, but the said representation is lacking in the present Writ Petition.

5. As such, the present Writ Petition is disposed off directing the petitioner to file a representation raising his grievances, as raised, in the present Writ Petition before the respondent No.5, namely, the District Magistrate, Sitamarhi within four weeks from today. The District Magistrate, Sitamarhi is directed to pass a reasoned and speaking order within 90 days from the date of filing of the present Writ Petition along with a copy of this order.

6. With the aforesaid observation and direction, the present Writ Petition stands disposed off.

(Dr. Anshuman, J) Ashwini/- U