Patna High Court
Prabhakar Pandey @ Prabhakar DasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition was disposed of without granting mandamus, directing the petitioner to approach the Executive Officer with evidence for a hearing and possible compensation.
Summary
Petitioner Prabhakar Pandey claimed that the Nagar Panchayat, Mirganj constructed a road over 1 katha 2 dhurs of his land (Plot No. 972) without his permission or any acquisition proceeding. He sought a writ of mandamus directing the Executive Officer of the Nagar Panchayat to remove the encroachment and to pay compensation with interest. The respondents argued that the road was a kachha road used by locals and was built without any objection. The Court noted that the Nagar Panchayat was unrepresented and, after hearing, declined to issue a mandamus, instead directing the petitioner to approach the Executive Officer with documentary proof of ownership, encroachment, lack of permission, and claim for compensation within four weeks. The Court ordered the Executive Officer to hear the petition, pass a reasoned order, and, if the claim is proved, to award compensation promptly. The writ petition was consequently disposed of.
Issues considered
- Whether the Executive Officer, Nagar Panchayat, Mirganj can be compelled by a writ of mandamus to remove a road constructed over private land without the owner's permission.
- Whether the petitioner is entitled to compensation for the unauthorized encroachment of his land.
- Whether the petitioner may approach the Executive Officer for relief under the applicable land acquisition and municipal statutes.
Subjects
- land encroachment
- compensation
- municipal authority
- writ of mandamus
- property rights
- road construction
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14478 of 2019
======================================================
Prabhakar Pandey @ Prabhakar Das Son of Late Sadhu Sharan Das Resident
of Village- Mirganj, P.O. and P.S. - Mirganj, District- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, Department of Urban
Development and Housing, Govty. of Bihar, new Secretariat, Patna.
2. The District Magistrate - cum - Collector Gopalganj, District- Gopalganj.
3. The Sub-Divisional Officer, Sub-Division Office, Hathua, P.s.- Hathua,
District- Gopalganj.
4. The Nagar Panchayat, Mirganj through its Executive Officer.
5. The Executive Officer, Nagar Panchayat, Mirganj, P.S.- Mirganj, District-
Gopalganj.
6. The Chairman, Nagar Panchayat, Mirganj, P.S.- Mirganj, District-
Gopalganj.
7. The District Land Acquisition Officer, Gopalganj, District- Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nityanand Mishra, Advocate
Mr. Alok Abhinav, Advocate
Ms. Diksha Kumari, Advocate
For the Respondent/s : Mr.Yogendra Prasad Sinha ( Aag7 )
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 13-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of a writ in the nature of
mandamus directing/commanding the
respondents specially the respondent no.5
(The Executive Officer, Nagar Panchayat,
Mirganj) to remove the encroachment from
the land of the petitioner which was
encroached by way of constructing the road
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over the land of the petitioner bearing Khata
No.527, Plot No.972, Area 01 katha 02
dhurs, Khata No.535 Plot No.981, Area 16
dhurs and Khata No.123 Plot No.979, Area
02 kathas 3 dhurs;
(ii) for further direction to the respondents
specially the respondent no.5 (The Executive
Officer, Nagar Panchayat, Mirganj) to pay
the compensation along with admissible
interest to the petitioner, if the said
encroachment is not removed by The
Executive Officer, Nagar Panchayat,
Mirganj (respondent no.5) who without
taking permission of the petitioner
constructed the road over the land of the
petitioner. Not only this, the respondent no.5
without initiating the acquisition proceeding
of the said land of the petitioner and without
paying the compensation to the petitioner
constructed the road over the said land of
the petitioner;
(iii) for any other relief/reliefs for which the
Patna High Court CWJC No.14478 of 2019(4) dt.13-01-2026
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petitioner is entitled to in accordance with
law..
3. The claim of the petitioner is that the road that has
been constructed by the Nagar Panchayat, Mirganj, Gopalganj
includes 01 katha 02 dhurs of his plot no. 972.
4. The counter affidavit of the Nagar Panchayat,
Mirganj, Gopalganj shows that number of sell-purchase took
place, a kachha road was being used by the locals and to
facilitate their movement, it was constructed without any
objection by anyone much less the petitioner.
5. Learned counsel for the petitioner refute the said
stand of the Nagar Panchayat, Mirganj, Gopalganj submitting
that repeatedly, the respondents were informed about the
construction being done without permission taken by him.
6. The Nagar Panchayat, Mirganj, Gopalganj is
unrepresented and as such this Court is unable to get any
assistance in the matter.
7. In that background, the writ petition is disposed of
allowing the petitioner to approach the Executive Officer, Nagar
Panchayat, Mirganj, Gopalganj in next four weeks alongwith all
the relevant documents to satisfy that:
(i) the land belongs to him/his family
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members;
(ii) part of the plot no. 972(area 01 katha
02 dhurs has been taken for the
construction of the road;
(iii) no permission was taken;
(iv) he is entitled to the compensation.
8. If such petition is preferred, the Executive Officer,
Nagar Panchayat, Mirganj, Gopalganj is duty bound to
notice/hear all the parties and pass a reasoned order on the said
petition.
9. Needless to add, if the Executive Officer, Nagar
Panchayat, Mirganj, Gopalganj comes to the conclusion that the
petitioner/family members have proved their claim over the land
in question which has been taken for construction without
permission and if the finding is that he is entitled to
compensation, the same has to be cleared at an earliest.
10. The writ petition is disposed of.
(Rajiv Roy, J)
Ravi/-
U
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