Patna High Court
Umesh Chandra Jha,versusThe State of Bihar,
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court held that the road was constructed illegally on the petitioners' private land and ordered compensation and compliance with the order, thereby disposing of the petition.
Summary
Petitioners Umesh Chandra Jha and his son own private raiyati land in Singhar village, Madhepura, over which the State of Bihar and its officials constructed a plain cement road without any sanction, contravening a prior court direction (CWJC No.8319 of 2013). They filed a writ petition seeking removal of the road, restoration of possession, an enquiry into the officials’ conduct, and compensation for the loss of land. The Court, after examining a three‑man committee report confirming the land belongs to the petitioners and that they are entitled to compensation, directed the District Magistrate to order the District Land Acquisition Officer to process and pay compensation within three weeks, and to assist the petitioners in completing the formalities. The Court also held the District Magistrate responsible for any failure to comply. The petition was thereafter disposed of.
Issues considered
- Whether the construction of a PCC road over the petitioners' private raiyati land without sanction is illegal and violative of the earlier court direction.
- Whether the petitioners are entitled to compensation under the land acquisition law for the encroached land.
- Whether the authorities are required to dismantle the illegal road and restore possession to the petitioners.
- Whether an enquiry into the conduct of the state officials responsible for the construction is warranted.
Subjects
- illegal construction
- private land
- land acquisition
- compensation
- public road
- civil writ jurisdiction
- enforcement of court direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17954 of 2021
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1. Umesh Chandra Jha, Son of Late Yadunandan Jha,
2. Utkarsh Gautam, Son of Umesh Chandra Jha,
Both are Resident of Village - Singhar, P.O. - Singhar, Block - Alamnagar,
P.S. - Alamnagar, District - Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Department of
Panchayati Raj, Government of Bihar, Patna.
2. The Commissioner, Saharsa.
3. The District Magistrate, Madhepura.
4. The Superintendent of Police, Madhepura.
5. The Sub Divisional Officer, Udakishunganj, Madhepura.
6. The Block Development Officer, Alamnagar Block, District - Madhepura.
7. The Circle Officer, Alamnagar Police Station, Alamnagar, Madhepura.
8. The Officer - in - Charge, Alamnagar Police Station, Alamnagar,
Madhepura.
9. Mamta Shahi, Wife of Hitler Shahi, The Ex-Mukhiya, Singhar Gram
Panchayat, Block - Alamnagar, District - Madhepura.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gyanand Roy, Advocate
Mr.Amish Kumar, Advocate
For the Respondent/s : Mr.Kameshwar Prasad Gupta ( Gp10 )
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
8 29-01-2026 Heard Mr. Gyanand Roy and Mr. Amish Kumar,
learned counsels appearing on behalf of the petitioner and Mr.
Kameshwar Prasad Gupta, learned GP 10 for the State.
2. Petitioners have inter alia prayed for following
reliefs in the paragraphs No.1 of the writ petition:-
“(I) For direction to the respondents concerned
to dismantle and remove the PCC (Plain Cement
Construction) road constructed over the private raiyati land
Patna High Court CWJC No.17954 of 2021(8) dt.29-01-2026
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of the petitioners situated over Khata No.118, Khesra
No.689, Mauza- Singhar, Thana-86/2, village- Singhar
which has been constructed illegally without any sanction
of the competent authority and also in complete breach of
the direction issued by this Hon’ble Court in CWJC
No.8319 of 2013.
(ii) For direction to the respondents concerned
to restore and deliver the possession of the aforesaid land to
the petitioners which has wrongly and illegally been utilized
for constructing the PCC road over Khata No.118, Khesra
No.689, Mauza- Singhar, Thana No.86/2 in village-
Singhar, Block- Alamnagar, District, Madhepura.
(iii) For holding appropriate enquiry in the
aforesaid irregularity/illegality committed in constructing
the PCC road over Khata NO.118, Khesra No.689, Mauza-
Singhar, Thana No.86/2 in village- Singhar, Block-
Alamnagar, District- Madhepura by Higher officials of the
State Government and holding the persons responsible in
that regard and to take suitable action against the persons
responsible.
(iv) For direction to the respondents concerned
to pay adequate compensation to the petitioners for causing
irreparable loss and injury to the petitioners by illegally
constructing PCC road over their private lands as
mentioned above.”
3. In compliance of the order dated 08.01.2026, the
report of the three men committee dated 24.01.2026 duly
constituted has been placed before the State Counsel/Mr.
Virendra Kumar, who informs that after proper determination of
the land, measuring an area of 8 decimal 283 square kari, over
which PCC road has been constructed and being used by the
public, is in the name of the petitioners as per the revenue
record and it has been reported by the joint committee report
that petitioners are entitled for compensation for the said area.
4. In view of the aforesaid information, the District
Magistrate, Madhepura in view of the report of the three men
Patna High Court CWJC No.17954 of 2021(8) dt.29-01-2026
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committee after verifying from the records at his own level must
forthwith call upon the District Land Acquisition Officer,
Madhepura and direct the District Land Acquisition Officer to
make the required forms available to the petitioners and see that
all the formalities in applying for the compensation is fulfilled
and if any assistance is required to the petitioners, he must
provide all the assistance to the petitioners in that regard.
5. The District Land Acquisition Officer, Madhepura,
after making payment of required compensation amount
forthwith to the petitioners as per the present value in the area
on the basis of MVR determined in that regard, give
information to the District Magistrate-cum-Collector well within
a period of three weeks from the date of communication of this
order that he has made payment of entire required amount of
compensation to the petitioners in accordance with law so that
the petitioners may not be harassed.
6. The District Magistrate-cum-Collector must ensure
that Land Acquisition Officer make payment of the
compensation to the petitioners well within a period of three
weeks from the date of communication of this order, or the
District Magistrate-cum-Collector will be held solely
responsible for not complying with the order of this Court.
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7. The petitioners in alternative if aggrieved in respect
of the total area which has been claimed, are at liberty to avail
appropriate remedy in accordance with law.
8. The writ petition stands disposed of.
(Purnendu Singh, J)
Sanjay/-
U
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