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Patna High Court

Bharat YadavversusThe State of Bihar,

Decided
Disposal
WITHDRAWN

Holding

The petition is disposed of as withdrawn.

Summary

Petitioner Bharat Yadav sought a writ directing the State of Bihar and its officials to halt the construction of a public road under the Mukhyamantri Sarak Yojna on his registered land, alleging that the road was being built through a sale deed without proper acquisition. He claimed to have repeatedly raised representations with the authorities but received no action. The petitioner later moved the court for withdrawal of the petition. The court, after hearing, accepted the withdrawal and disposed of the writ petition. No substantive adjudication on the merits of the road construction or land acquisition issue was made.

Issues considered

  • Whether the court should issue a writ directing the respondents to stop construction of a public road on the petitioner's land without acquisition

Subjects

  • public road construction
  • land acquisition
  • writ petition
  • withdrawal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.17212 of 2024
                 ======================================================
                 Bharat Yadav Son of Laxman Yadav Resident of Village- Parnathpur, P.S.-
                 Amarpur, District- Banka.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar, through the Chief Secretary, Govt. of Bihar, Patna.
           2.    The Addl. Chief Secretary, Land and Revenue Deptt, Govt. of Bihar, Patna.
           3.    The Commissioner, Bhagalpur Commissionary, Bhagalpur.
           4.    The Collector, Banka.
           5.    The Addl. Collector, Banka.
           6.    The Circle Officer, Amarpur Block, Banka.
           7.    The Station House Officer, Amarpur, P.S.- Banka.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Dhananjay Kumar Pandey, Adv.
                 For the Respondent/s    :        Mr. Sarvesh Kumar Singh, AAG-13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   23-03-2026                  Heard the parties.

                               2. The present application has been preferred:

                                                       for issuance of an appropriate
                                             writ, order or direction commanding the
                                             respondents to stop the construction of
                                             public road under Mukhyamantri Sarak
                                             Yojna on petitioner's personal registered
                                             land through sale deed without acquisition
                                             and further be pleased to direct the
                                             respondents to construct the road as per map
                                             directing the public road approved by the
                                             Government     the   petitioner    continuously
                                             raising voice and filed representation before
           Patna High Court CWJC No.17212 of 2024(3) dt.23-03-2026
                                                      2/2




                                            the authorities but no action taken and/or for
                                            a further order/ orders as your Lordships
                                            may deem fit and proper under the
                                            circumstances of the case.
                                 3.     Learned counsel for the petitioner prays for

                     withdrawal of the petition.

                                 4. Accordingly, the writ petition is disposed of as

                     withdrawn.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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