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Patna High Court

Goda Devi @ Savitri Devi@Gado DeviversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The petition was disposed, directing the petitioner to approach the District Collector with full documentation for a fresh hearing on the land acquisition matter.

Summary

Goda Devi filed a writ petition seeking to restrain the Union of India and Eastern Railway from constructing railway lines over her Raiyti/Purchase land in Lakhisarai, alleging that the land had not been lawfully acquired and that she was entitled to compensation. She also requested protection of her peaceful possession and an order directing acquisition under the Land Acquisition Act. The respondents, including the railway authorities and various government officials, raised no objection to the petition. The court noted that the petitioner had merely submitted a representation and suggested that the matter be addressed by the District Collector, who should hear both sides. Consequently, the writ petition was disposed, directing the petitioner to re‑file with complete supporting documents before the Collector within four weeks for a fresh hearing.

Issues considered

  • What is the legal requirement for the railway to construct over private land without formal acquisition?
  • Whether a writ can be issued to restrain construction pending acquisition and compensation?
  • Whether the petitioner is entitled to compensation under the Land Acquisition Act before any construction begins?

Legislation cited

Subjects

  • writ petition
  • land acquisition
  • railway construction
  • compensation
  • peaceful possession
  • civil writ jurisdiction
  • District Collector

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1246 of 2026
                 ======================================================
                 Goda Devi @ Savitri Devi@Gado Devi Wife of Upendra Sharma, Resident of
                 Village- Gospur, Rajpur, P.S.-Piri Bazar, Block- Suryagarha, District-
                 Lakhisarai.
                                                                           ... ... Petitioner/s
                                                    Versus
           1.     The Union of India through the General Manager, Eastern Railway, Kolkata.
           2.    The D.R.M. Eastern Railway, D.R.M. Office, Malda, West Bengal.
           3.    The State of Bihar, Through Principal Secretary, Land and Revenue
                 Department, Bihar, Patna.
           4.    The District Magistrate, Lakhisarai.
           5.    The Superintendent of Police, Lakhisarai.
           6.    The Sub-Divisional Magistrate, Lakhisarai Sadar, District- Lakhisarai.
           7.    The Circle Officer, Suryagarha Anchal, District- Lakhisarai.
           8.    The S.H.O., Piri Bazar, Police Station,Lakhisarai
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mayank Bilochan, Adv.
                 For the Respondent/s     :       Mr. Yogendra Pd. Singh, AAG-07
                 For resp. nos. 1 & 2     :       Mr. Mani Shankar Mishra, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER
2   29-01-2026                  Heard the parties.

                               2. The present application has been preferred for the

                   following relief(s):

                                        (i) for issuance of an appropriate writ commanding
                          the respondents not to construct the Railways under Pass,
                          over the land of petitioner which is Raiyti/Purchase land of
                          the petitioner.
                                        (ii) for issuance of an appropriate writ restraining
                          the respondents not to make any interference in the peaceful
                          possession of the petitioner.
                                        (iii)   for   issuance   of   an   appropriate    writ
                          commanding the respondent to first acquired the land under
                          the provision of land acquisition act and pay the
                          compensation or vacate the land of the petitioner.
                                        (iv) for any other relief or reliefs for which
                          petitioner is entitled.
           Patna High Court CWJC No.1246 of 2026(2) dt.29-01-2026
                                                       2/2




                                   3. The petitioner has come with a simple prayer to at least

                     take note of the representation that has been preferred before the

                     different respondents including the Railway Authorities/District

                     Magistrate-cum- Collector, Lakhisarai (Annexure- P/2 and P/3

                     respectively).

                                   4. Learned counsel for the petitioner submits that it will

                     suffice if the Collector, Lakhisarai looks into the matter and take a

                     decision after hearing both the petitioner as also railways.

                                   5. The parties including the State and the Railways have

                     no objection.

                                   6. In that background, the writ petition is disposed of

                     allowing the petitioner to approach afresh with all the supporting

                     documents before the Collector, Lakhisarai in next four weeks who

                     shall be noticing the other side including the railways (whose counsel

                     is already present in the Court) and after hearing the parties, shall be

                     disposing of the matter at an earliest taking into account the

                     development that has taken place on the land claimed by the

                     petitioner.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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