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Patna High Court

Kanti Kumar SinghversusThe State of Bihar through the Chief Secretary,

Decided
Disposal
DISPOSED

Holding

The court ordered the competent authority to investigate, remove the illegal construction, and pay compensation if due, within three months, and disposed the petition.

Summary

The petitioner, Kanti Kumar Singh, filed a writ petition alleging that a road was illegally constructed on his private raiyati land by officials of the Block Development Office, Panchayat Secretary, and Gram Panchayat Mukhiya without his consent or acquisition. He claimed that his representation to the Executive Officer and Sub‑Divisional Officer since January 2021 had been ignored. The court directed the competent authority to promptly retrieve records, conduct a hearing, and determine whether the land was encroached upon, ordering compensation if the petitioner was entitled to it. It further ordered that any illegal road construction be removed and peaceful possession restored to the petitioner within three months of the order. The petition was subsequently disposed, and any interlocutory applications were also dismissed.

Issues considered

  • Whether the construction of the road on the petitioner's private raiyati land without consent or acquisition is illegal.
  • Whether the authorities should be directed to hold an enquiry into the alleged illegal construction.
  • Whether compensation is payable to the petitioner if the land has been encroached upon.
  • Whether the illegal road construction must be removed and possession restored to the petitioner.

Subjects

  • illegal construction
  • land encroachment
  • rai yati land
  • writ jurisdiction
  • compensation
  • removal of road
  • public authority
  • administrative law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.15017 of 2021
                 ======================================================
                 Kanti Kumar Singh Son of Late Sachindra Narayan Singh Resident of Village
                 and P.O.-Gadiya, P.S. - Jamalpur, District- Khagaria.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Old Secretariat, Bihar, Patna.
           2.    The Secretary, Panchayat Raj, Bihar, Patna.
           3.    The District Magistrate, Khagaria.
           4.    The Sub-Divisional Officer, Gogari, Jamalpur, Khagaria.
           5.    The Circle Officer, Gogari, Khagaria.
           6.    The Block Development Officer, Gogari, Khagaria.
           7.    The Sambedak Ward No. - 3, Khagaria.
           8.    The Panchayat Secretary, Gogari, District Khagaria.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Brajesh Kumar Singh, Advocate
                                                 Ms. Pragya Bharti, Advocate
                 For the Respondent/s    :       Mr. Prabhat Ranjan, AC to GP 6
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

6   08-01-2026                      Heard Mr. Brajesh Kumar Singh along with Ms.

                   Pragya Bharti, learned counsels appearing on behalf of the

                   petitioner and Mr. Prabhat Ranjan, learned AC to GP 6 for the

                   State.

                                 2. Petitioner has inter alia prayed for following reliefs

                   in the paragraphs No.1 of the writ petition:-

                                                “(I) For issuance of writ in the appropriate
                                    nature for directing and commanding the respondents
                                    authorities especially the District Magistrate to hold an
                                    enquiry with regard to illegally constructing of road by the
                                    hands of Block Development Officer, Panchayat Secretray
                                    and Mukhiya of Gram Panchayat, Gogari, Jamalpur in the
                                    private raiyati land of the petitioner without his consent
                                    and acquisition.
Patna High Court CWJC No.15017 of 2021(6) dt.08-01-2026
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                                        (ii) For further direction to the respondent
                           authorities to take steps for removal of road upon the land
                           of the petitioner forthwith.
                                        (iii) And for any other relief/reliefs for which
                           the petitioner is found to be entitled in the eye of law.”


                      3. It is submitted on behalf of the petitioner that for

          the relief as prayed for in the present writ petition, the petitioner

          has already filed representation before the Executive Officer,

          Gogari, Jamalpur, Khagaria, who is sitting tight over the said

          application since 21.01.2021. Similar application has also been

          filed by him before the Sub-Divisional Officer, Gogari,

          Jamalpur, Khagaria.

                      4.     Considering      the    aforesaid    information,      the

          competent authority is directed to forthwith call the records

          relating to land in question and take a conscious decision in

          accordance with law after hearing all the parties. If it is found

          that the petitioner is entitled for any compensation, then same is

          required to be paid to him. In case, land has illegally been

          encroached in construction of road without following the due

          process of law then the same is required to be vacated / the

          illegal construction be removed and ensure peaceful possession

          of the land in favour of the petitioner well within a period of

          three months from the date of communication of this order.

                      5. The present writ petition is, accordingly, disposed
           Patna High Court CWJC No.15017 of 2021(6) dt.08-01-2026
                                                      3/3




                     of.

                                 6. Interlocutory Application(s), if any, also stands

                     disposed of.


                                               (Purnendu Singh, J)
Sanjay/-
U


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