Patna High Court
Goda Devi @ Savitri Devi@Gado DeviversusThe Union of India
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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