Patna High Court
Raj Kumari OjhainversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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