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Patna High Court

Arbind Prasad SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition was dismissed, with the Court directing that the petitioners may approach a civil court for any further relief.

Summary

The petitioners, three brothers, claimed that a bridge being constructed by the State encroached upon their Raiyati land (Khata No. 17, Plot No. 2) in Vaishali district. The State authorities, relying on a revenue report, asserted that the bridge was built on a different plot (Khata No. 241, Khesra No. 01) and therefore rejected the petitioners' claim. The High Court noted that the earlier order had directed the Collector to examine the matter and, if encroachment was found, refer it to the District Land Acquisition Officer for compensation. After reviewing the report and the parties' submissions, the Court found no merit in the petitioners' claim of encroachment and held that the writ petition could not be entertained. Consequently, the Court disposed of the writ and permitted the petitioners to seek relief, if any, in a competent civil court.

Issues considered

  • Whether the bridge construction has encroached upon the petitioners' Raiyati land.
  • Whether the petitioners are entitled to compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
  • Whether a fresh measurement of the disputed land should be ordered.

Legislation cited

Subjects

  • land acquisition
  • encroachment
  • Raiyati land
  • compensation
  • mandamus
  • certiorari
  • measurement
  • bridge construction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.13270 of 2025
                 ======================================================
           1.     Arbind Prasad Singh Son of Late Kamal Prasad Singh @ Kamal Prasad
                  Singh, Resident of village- Khajwatta, Police Station- Bidupur, District-
                  Vaishali
           2.    Mukesh Kumar Son of Late Kamal Prasad Singh @ Kamal Prasad Singh,
                 Resident of village- Khajwatta, Police Station- Bidupur, District- Vaishali
           3.    Sukesh Kumar Son of Late Kamal Prasad Singh @ Kamal Prasad Singh,
                 Resident of village- Khajwatta, Police Station- Bidupur, District- Vaishali

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Principal Secretary, Land Reforms and Revenue
                 Department, Govt. of Bihar
           2.    The District Magistrate cum Collector, District- Vaishali, Hajipur
           3.    The Sub Divisional Officer (SDO), Hajipur, District- Vaishali
           4.    The Executive Engineer, Rural Works department, Works Division, Mahnar,
                 Vaishali
           5.    The District Land Acquisition Officer, Vaishali, Hajipur
           6.    The Circle Officer, Bidupur, District- Vaishali

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Shiv Pratap, Advocate
                 For the Respondent/s   :         Mr. Manoj Kumar, AC to GP-4
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   07-04-2026                    Heard Mr. Shiv Pratap, learned counsel for the

                   petitioner and the State.

                               2. The present application has been preferred for the

                   following relief(s):

                                                       (I) for issuance of appropriate
                                            order/s,   direction/s    including       a   writ
                                            preferably in the nature of CERTIORARI
                                            setting aside the order dated 20.03.2025
                                            passed by the Respondent No.-2 in Misc.
Patna High Court CWJC No.13270 of 2025(3) dt.07-04-2026
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                                 Case      No.     04/2024-25          (Annexure      P/9)
                                 whereby          and        whereunder        the    said
                                 Respondent has rejected the contentions of
                                 the petitioners regarding construction of
                                 bridge on the Raiyati land of the petitioners
                                 bearing Thana No. 270, Khata No. 17, Plot
                                 No. 02 Area 42 decimals situated in Mauza-
                                 Mohanpur in the District of Vaishali. The
                                 Respondent No.-2 in the said order has held
                                 that the construction of the bridge is being
                                 done over Khata No. 241, Plot No. 01 which
                                 is incorrect statement as the bridge has been
                                 constructed by encroaching certain part of
                                 the petitioners land bearing Khata No.-17
                                 Plot No.-2
                                              ( II) For issuance of a writ, order
                                 or direction in the nature of Mandamus
                                 directing        the        Respondent       Authorities
                                 particularly the Respondent No.-5 to acquire
                                 the encroached land of the petitioners and
                                 determine compensation, in accordance to
                                 Right       to     Fair        Compensation          and
                                 Transparency             in     Land         Acquisition,
                                 Rehabilitation and Resettlement Act, 2013, to
                                 be      awarded          to   the     petitioners     for
                                 encroaching        their      piece     of    land    for
                                 construction           of      the     bridge.       The
                                 encroachment of land of the petitioners for
                                 construction of bridge has been affirmed by
                                 the report dated 12.03.2024 submitted by the
Patna High Court CWJC No.13270 of 2025(3) dt.07-04-2026
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                                 Revenue Officer (Annexure P/11).
                                              (III) For issuance of a writ, order
                                 or direction in the nature of Mandamus
                                 directing       the      Respondent   Authorities
                                 particularly the Respondent No.-6 to conduct
                                 fresh measurement of the land of the
                                 petitioners bearing Khata No.-17 Plot No.-2,
                                 Area 42 decimal situated Mauza Mohanpur,
                                 Anchal Bidupur, District Vaishali, with due
                                 notice to the petitioners
                                              (IV) For any other appropriate
                                 relief/reliefs to which the petitioner is found
                                 entitled in the facts and circumstances of this
                                 case.
                       3. The petitioner has moved before this Court for the

          second time, the last being CWJC No. 5868 of 2024 (Arvind

          Prasad Singh & ors. vs. State of Bihar & ors.). The claim is with

          regard to:

                       Thana No. 270;

                       Khata No. 17;

                       Plot no. 02 (area- 6 decimal)

                       Circle- Bidupur;

                       District- Vaishali.

                       4. In the earlier round of litigation, the claim was that

          a construction is being made by the respondents on the Raiyati

          land which has to be interfered with.
Patna High Court CWJC No.13270 of 2025(3) dt.07-04-2026
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                      5. This Court disposed of the aforesaid case of

          Arvind Prasad Singh (supra) on 19.06.2024 with following

          observation:

                                       8. Since the situation is still fluid, the
                          respondent no. 5, the Collector, Vaishali at Hajipur
                          is required to look into the matter inasmuch as:
                                       (i) whether in the aforesaid construction,
                          the land of the petitioners in any way is coming or
                          not;
                                       (ii) if the part of the land of the
                          petitioners has been taken up for the construction,
                          whether they are entitled to the Corporation or
                          not?
                                       9. If the Collector, Vaishali after hearing
                          all    the     parties      and   looking    into   the
                          documents/reports of the State officials comes to
                          the conclusion that the lands of the petitioners
                          come within the purview of the construction, after
                          passing a reasoned order, the matter be referred to
                          the newly added respondent no. 8, the District
                          Land Acquisition Officer, Vaishali at Hajipur who
                          shall decide the quantum of the compensation to
                          the petitioners after hearing the stake holders.
                      6. The petitioner thereafter moved before the

          Collector, Vaishali for the redressal of the grievance. This led to

          the Misc. Case No. 04 of 2024-25 (Arbind Prasad Singh &

          ors. vs. State of Bihar & Ors.) before the learned Court of
Patna High Court CWJC No.13270 of 2025(3) dt.07-04-2026
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          Vaishali.

                      7. A report was called from the revenue authorities

          and the sum and summary of the said report is/was that the

          construction of bridge has been made on Khata No. 241,

          new/old Khesra- 01 and not on Khata No.- 17, Khesra No. 02 as

          claimed by the petitioners. Based on the said report, the

          Collector, Vaishali rejected the claim of the petitioner vide

          memo no. 200 dated 20.03.2025 and this Court would like to

          incorporate the last paragraph of the aforesaid order which read

          as follows:

          उपरोकत ननषकरोर से यह सपषट होता है नक कायरपालक अनभयं ता, ग्रामीण
          कायर नवभाग, कायर प्रमं डल महनार दारा पु राने पु ल को तोड़कर पूवर से बने
          CUT OFF WALL के अनदर ही खाता सं 0 241 खे सरा सं 0 01 जमीन का नकसम
          गै रमजरआ आम रासता के पूवीर आर पर पु ल का ननमारण नकया गया है ।
          खाता सं 0 17 खे सरा सं 0 02 esa पु ल का ननमारण नहीं नकया गया है ।
          फलसवरप आवे दक का दावा सही प्रतीत नहीं होता है ।
               अतः आवे दक सं 0 02 दारा दानखल आवे दन को खानरज (Reject) नकया
          जाता है एवं वाद की काररवाई समापत की जाती है ।
                 आदे श की प्रनत सभी सं बंनधत को भे जे।
                     ले खानपत एवं सं शोनधत

                      8. Aggrieved, the present petition.

                      9. Learned counsel for the petitioners submit that

          though they have come to the conclusion that the construction

          has been made on Khata No. 241, Khesra- 01 and not on the

          lands of the petitioners. The fact remains that they demolished

          the boundary wall.

                      10. Learned State Counsel has taken this Court to the
           Patna High Court CWJC No.13270 of 2025(3) dt.07-04-2026
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                     counter affidavit filed on behalf of the respondent no. 4 duly

                     signed by the Executive Engineer, Rural Works Department,

                     Works Division, Mahnar and paragraph 12 read as follows:

                                                         12. That on the basis of the site
                                             inspection and after going through the
                                             relevant       records   and   documents,   the
                                             committee has come to the findings that the
                                             bridge in question has been constructed over
                                             Khata No.241 New/Old Khesra-01 and
                                             submitted its report on 28.02.2025.
                                 11. At this stage, learned counsel for the petitioners

                     submit that they may be permitted to approach the Competent

                     Civil Court for the redressal of the grievance as the mighty State

                     may come up with another theory disrupting their possession

                     over the land.

                                 12. Learned State Counsel has no objection.

                                 13. In that background, allowing the petitioner to

                     approach the Competent Civil Court, the writ petition is

                     disposed of.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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