Patna High Court
Pappu Sah and OrsversusThe State Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court disposed of the writ petition, permitting the petitioners to raise their grievance before the appropriate authority rather than granting mandamus or quashing the acquisition.
Summary
The petitioners, who claim ancestral ownership of Khesra Nos. 1064 and 1092, filed a writ petition seeking a mandamus directing the District Land Acquisition Officer not to acquire their house under the pretext of a public road, and a certiorari to quash the acquisition notification issued under sections 4, 6 and 17(4) of the Land Acquisition Act, 1894. They alleged that the land had been considered for acquisition in 2002 but no action was taken, and that local objections had arisen over a boundary wall. The respondents, the State of Bihar and the District Land Acquisition Officer, were directed to file a reply, but sought adjournment. The Court, after hearing, disposed of the writ petition with the parties’ consent, allowing the petitioners to pursue their grievance before the appropriate authority or competent court. The Court noted that the petitioners’ documents would be considered in any subsequent proceedings.
Issues considered
- Whether the acquisition of the petitioners' house under the notification is valid under the Land Acquisition Act, 1894.
- Whether the Court should issue a writ of mandamus and certiorari to quash the acquisition notification.
Legislation cited
- Land Acquisition Act, 1894 — s. 17(4), 4, 6
Subjects
- land acquisition
- mandamus
- certiorari
- public road
- ancestral property
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17901 of 2018
======================================================
1. Pappu Sah son of Late Ram Bilash Sah
2. Anurodh Rai son of Mahendra Rai
3. Bindeshwar Rai son of Chandradeep Rai
4. Sushil Kumar son of Late Sakaldeo Rai All residents of village Sahdeo
Buzurg, Police Station Desari, District Vaishali.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The District Land Acquisition Officer, Vaishali at Hazipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratan Kumar Sinha, Advocate
For the Respondent/s : Mr.Sajid Salim Khan, SC-25
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 05-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of writ of mandamus
commanding the Respondent No.2 not to
acquire house of the petitioners in the name
of so called public Road and further
issuance of a writ in the nature of certiorari
for quashing the Notification under section
4,6,17(4) of the Land Acquisition Act 1894
with regard to the petitioners land of Khesra
No. 1064 and 1092, and further pleased to
Patna High Court CWJC No.17901 of 2018(4) dt.05-01-2026
2/3
issue any appropriate writ/ writs,order
/orders,direction/directions commanding the
respondents not to disposses the petitioners
from their house in question..
3. The claim of the petitioner is that he has ancestral
property over the Khesra No. 1064 and 1092 which according to
information was earlier considered for acquisition in the year
2002 but no such step was ever taken. However, locals objected
for construction of boundary wall leading to the cases before the
appropriate authority/Court and presently it has travelled to the
Court of Sub-Divisional Officer, Hajipur.
In this case, the State respondents were directed to file reply in
the year 2018 (19.09.2018) but today on call, again prayer for
adjournment has been made.
3. This Court has two options: either to allow the
said prayer with a cost or to dispose of the matter directing the
petitioner to contest the case which according to him has now
travelled to the Court of Sub-Divisional Officer, Sadar, Hajipur.
4. With the consent of the parties, the writ petition
is disposed of allowing the petitioner to agitate the matter before
all the respondents/appropriate authority/competent Court.
5. Needless to add that the document/plea provided
Patna High Court CWJC No.17901 of 2018(4) dt.05-01-2026
3/3
by the petitioner will be taken into consideration while
disposing of the claim/counter at an earliest.
6. The writ petition is disposed of with the
aforesaid observation.
(Rajiv Roy, J)
Ravi/-
U
Checking your session…