Patna High Court
Kanti Kumar SinghversusThe State of Bihar through the Chief Secretary,
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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
2/3
(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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