Created by Fuzzy Cloud

Patna High Court

Raj Kumari OjhainversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court declined to grant the writ and ordered the petitioner to approach the Collector, with the petition thereafter disposed.

Summary

Petitioner Kaushlendra Kumar filed a writ petition seeking an order to stop the construction of a Samudayik Bhawan on his raiyati land (Plot No. 295, Mauza Shahopur) and to award compensation for the alleged forcible construction. The respondents, the State of Bihar and several district officials, did not file a counter‑affidavit. The Court noted the procedural lapse and, rather than imposing costs or granting the writ, directed the petitioner to file a representation with the Collector, Patna, within four weeks, attaching all relevant documents. The Collector’s order, to be delivered by 31 March 2026, will determine the fate of the construction. Consequently, the writ petition and any interlocutory applications were disposed of.

Issues considered

  • What relief, if any, should be granted to stop construction on the petitioner’s raiyati land?
  • Whether the Court should award compensation for the alleged illegal construction in the absence of a counter‑affidavit?
  • Whether procedural direction to approach the Collector is appropriate in lieu of an immediate writ.

Subjects

  • raiayti land
  • writ petition
  • illegal construction
  • compensation
  • public building
  • procedural direction
  • collector

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.16056 of 2018
                 ======================================================
                 Kaushlendra Kumar Son of Valdeo Prasad, resident of Village- Mandach,
                 Ghanabigha, Police Station- Ekangar Sarai, District- Nalanda.
                                                                             ... ... Petitioner/s
                                                   Versus
           1.     The State Of Bihar
           2.    The Sub Divisional Officer, Masaurhi, Patna.
           3.    The Circle officer, Dhanarua, Patna.
           4.    The Block Development Officer, Dhanarua, Patna.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Manish Kumar No-2, Advocate
                 For the Respondent/s     :      Mr. Sajid Salim Khan, SC-25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   16-09-2025                  Heard the parties.

                               2. The present petition has been preferred for the

                   grant of following relief(s):

                                                  “for         appropriate            writ/writs,

                                        direction/directions      to     the         Respondent

                                        Authorities to stop the construction work of

                                        Samudayik Bhawan on the raiyati land of the

                                        petitioner situated at Mauza-Shahopur bearing

                                        Plot No. 295 and further to direct the

                                        Respondent       Authorities   to      pay     adequate

                                        compensation to the petitioner for forcible

                                        construction of the part of Samudayik Bhawan

                                        without permission of the petitioner and/or for

                                        any other relief or reliefs to which the petitioner
            Patna High Court CWJC No.16056 of 2018(4) dt.16-09-2025
                                                       2/2




                                         may be found entitled in course of hearing of this

                                         writ application.”

                                  3. As usual, the State despite filing of the writ petition

                      in the year 2018, has chosen to look the other way inasmuch as

                      no counter affidavit is on record.

                                  4. Instead of imposing heavy cost on the respondents

                      and keeping the matter pending, with the consent of the parties,

                      it is directed that the petitioner shall be preferring a

                      representation alongwith all the relevant documents to show his

                      bonafide vis-a-vis the land in question (Mauza-Sahopur, Khata

                      No. 93, Plot No. 295) and if such petition is preferred before the

                      Collector, Patna in next four weeks, he/she shall take the matter

                      to its logical conclusion after hearing all the parties preferably

                      by 31st March, 2026.

                                  5. The order passed by the Collector, Patna shall

                      decide the fate of the construction that has been made on the

                      land in question.

                                  6. The writ petition as also Interlocutory Application

                      if any, stand disposed of.



                                                    (Rajiv Roy, J)
vinayak/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.