Created by Fuzzy Cloud

Patna High Court

Gopal Jee JhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is premature and untenable because the petitioner failed to exhaust the alternative appellate remedy, and therefore the petition is disposed of.

Summary

The petitioner, Gopal Jee Jha, filed a writ petition in the Patna High Court seeking a mandamus directing the State of Bihar and other officials to stop work on a national highway that was being constructed on land described as Khata No. 197, Plot No. 875‑876. The petition alleged that the land was taken without proper examination of its status, which was still in a development stage. The respondents filed a counter‑affidavit pointing out that the petitioner had not approached the appellate authority or exhausted the alternative remedy available under the law before filing the writ. The court observed that the petitioner must first pursue the appropriate appellate remedy and, if such a petition is filed within eight weeks, it will be heard to its logical conclusion. Consequently, the writ petition was disposed of without further order. The decision underscores the requirement to exhaust alternative remedies before approaching the court for a writ.

Issues considered

  • Whether the petitioner is entitled to a writ of mandamus directing the respondents to stop the highway work without first exhausting the alternative appellate remedy.
  • Whether the writ petition is maintainable in view of the existence of an alternative remedy under the land acquisition law.

Subjects

  • writ jurisdiction
  • mandamus
  • land acquisition
  • national highway
  • exhaustion of remedies
  • alternative remedy
  • civil writ

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.17887 of 2023
                 ======================================================
                 Gopal Jee Jha Son of Late Vimal Kant Jha Resident of Village-Balha
                 (Sugarmoul) P.S.-Rosra, District-Samastipur.

                                                                         ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Secretary Department of Revenue, Govt. of
                 Bihar, Patna.
           2.    The Secretary National Highway Authority, Patna.
           3.    The Collector Cum District Magistrate, Samastipur.
           4.    The Land Aqusition Officer Samastipur.
           5.    The Circle Officer, Shivajee Nagar, Anchal-Shivajee Nagar District-
                 Samastipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Sada Nand Roy, Adv.
                 For the Respondent/s   :         Mr. Ravi Kumar, AC to GP-13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   24-03-2026                  Heard the parties.

                               2. The present application has been preferred:

                                                        for issuance of a writ, order or
                                            direction including a writ in the nature of
                                            mandamus commanding to the respondent
                                            no. 1 to 7 to take appropriate action against
                                            the relating the land for stop the work of
                                            national higway bearing Khata No. 197, Plot
                                            No.   875,876,     Mauja      kariyan,   Anchal
                                            Shivajee Nagar, Revenue Thana No. 43 in
                                            which nature of land is describe by
                                            respondents- bhit -2 and respondents are
                                            taken this land for purpose of national
                                            highway and without examine the locus and
           Patna High Court CWJC No.17887 of 2023(2) dt.24-03-2026
                                                      2/2




                                            status of land which was at present
                                            development stage and/or pass appropriate
                                            order which the petitioner is entitled and/or
                                            pass other and further order which this
                                            Hon'ble court may deem fit and proper under
                                            circumstances of the case
                                 3. A counter affidavit has come on behalf of the

                     respondent no. 2 and paragraph 5 clearly shows that the

                     petitioner instead of approaching the appellate authority/

                     alternate remedy available under the law, has filed a writ

                     petition.

                                 4. Learned counsel for the petitioner, at this stage,

                     submits that he shall be filing appropriate petition before

                     appellate authority.

                                 5. In case, such petition is filed in next eight weeks, it

                     will be taken to its logical conclusion after hearing all the

                     parties, perusing the records.

                                 6. With the aforesaid observation, the writ petition is

                     disposed of.



                                                   (Rajiv Roy, J)
Vijay Singh/-

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.