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Patna High Court

Naval YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner may pursue the compensation claim before the appropriate authority, and therefore the writ petition is disposed of.

Summary

Naval Yadav filed a writ petition seeking a mandamus directing the State of Bihar and its officials to pay compensation for a 31.10 decimal portion of land (Plot No. 3432, Khata No. 381, Village Paiyjan) that had been used to construct a connecting bridge without formal acquisition. He also requested the authorities to take action against the officials responsible for the illegal construction. The respondents submitted a counter‑affidavit stating that there were multiple claimants and a serious dispute over the title of the land. The petitioner’s counsel argued that the petitioner should be allowed to raise the issue before the appropriate authority or competent court. The bench, after considering the submissions, granted liberty to the petitioner to agitate the matter before the proper authority and consequently disposed of the writ petition.

Issues considered

  • Whether the respondents are liable to pay compensation for land used for a bridge without acquisition.
  • Whether a writ of mandamus can be issued directing payment of compensation in the present circumstances.
  • Whether the court can entertain the petition when there is a dispute over title and ownership of the land.

Subjects

  • compensation
  • land acquisition
  • mandamus
  • writ petition
  • title dispute
  • bridge construction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.13459 of 2019
                 ======================================================
                 Naval Yadav S/O Sitaram Yadav Resident of Mokama Ward No. 1 P.S.-
                 Mokama, District- Patna.

                                                                           ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through Principal Secretary Land Reforms, Bihar, Patna.
           2.    The State of Bihar through the District Magistrate Patna. Patna.
           3.    The L.R.D.C., Barh, District- Patna.
           4.    The Land Acquisition Officer, District- Patna.
           5.    The S.D.O., Barh, District- Patna.
           6.    Engineer In chief, R.E.O.
           7.    The Executive Engineer, Rural Works Department, Sub Division, District-
                 Patna.
           8.    The Circle Officer, Ghoswari, Sub Division, Barh, District- Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Manoj Kumar Pandey, Advocate
                                               Ms. Kumari Pallavi, Advocate
                 For the Respondent/s   :      Mr. Navnit Kumar, AC to GP-18
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   07-01-2026                   Heard Mr. Manoj Kumar Pandey, learned counsel for

                   the petitioner and the State.

                                 2. The present petition has been preferred for the

                   following relief(s):

                                             “I. For issuance of writ in the nature of

                                    mandamus     directing        and   commanding        the

                                    respondent authorities to pay compensation for an

                                    area 31.10 decimal of Plot No. 3432 Khata No.

                                    381 of Village- Paiyjan which has been used for
Patna High Court CWJC No.13459 of 2019(4) dt.07-01-2026
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                          connecting bridge without any acquisition and

                          payment      of    compensation.   However,     further

                          direction given to the respondent authorities to

                          enquire into the matter and take appropriate

                          decision against the person concern who illegally

                          and arbitrarily constructing the connecting bridge

                          without consent of the petitioner or without paying

                          any compensation.

                                      II. For however, further direction given

                          to the respondent authorities to take appropriate

                          action against the respondent concerned who is

                          constructing the said connecting bridge over the

                          land of the petitioner.

                                      III. For any other relief or reliefs as your

                          lordships may deem fit or proper.”

                      3. A counter-affidavit has come on behalf of the

          Additional Circle Officer, Ghoswari, Patna, according to which,

          upon spot inspection, several objections were raised by the other

          claimants which shows that there is serious dispute with regard

          to right and title of the land in question.

                      4. Learned counsel for the petitioner submits that it

          will suffice that the petitioner is allowed to agitate the matter
          Patna High Court CWJC No.13459 of 2019(4) dt.07-01-2026
                                                     3/3




                    before appropriate authority/competent Court.

                                5. Taking into account the aforesaid facts and on the

                    submission put forwarded by the parties, granting liberty to

                    agitate the matter before appropriate authority/competent Court,

                    the writ petition stands disposed of.



                                                  (Rajiv Roy, J)
Adnan/-

U


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