Patna High Court
Adhikari DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
Holding
The Court declined to issue a writ of mandamus and disposed the petition, directing the petitioner to approach the District Magistrate for fresh representation and verification.
Summary
The petitioner, Adhikari Devi, claimed that the Executive Officer of Nagar Parishad, Aurangabad, had constructed a road and drainage over her raiyati land without her permission, seeking a writ of mandamus to remove the encroachment and compensation. She had earlier made a representation on 20‑10‑2018, applied for land measurement on 02‑04‑2019, and a report dated 20‑07‑2021 confirmed the unauthorized construction. The Court noted that the representation to the Nagar Parishad had received no response and, in the interest of justice, directed the petitioner to file a fresh representation before the District Magistrate with all relevant documents. The District Magistrate was instructed to conduct spot verification and fresh measurement, and to pass a reasoned order within three months, including compensation if the encroachment is confirmed. Consequently, the writ application was disposed without granting mandamus, leaving the matter to the administrative authority.
Issues considered
- Whether a writ of mandamus can be issued to direct removal of road and drainage constructed over raiyati land without the owner's consent.
- Whether the petitioner is entitled to compensation for unauthorized use of her raiyati land.
- Whether the High Court should entertain the writ petition or refer the matter to the District Magistrate for factual verification.
Subjects
- rai yati land
- encroachment
- mandamus
- compensation
- land measurement
- public authority
- writ jurisdiction
- road construction
- drainage
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1833 of 2022
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Adhikari Devi, Wife of Late Rajendra Tiwari, Resident of Mohalla - New
Area Laxman Bigha, Ward No. 5, P.S. - Aurangbad, Dist. - Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Revenue and Land
Reforms Department, Govt. of Bihar, Patna.
2. The District Magistrate, Aurangabad.
3. The Circle Officer, Aurangabad Sadar, Aurangabad.
4. Executive Officer, Nagar Parishad, Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
Mr. Priya Ranjan, Advocate
For the Respondent/s : Mr. Shailendra Kumar Dwivedi, AC to AGG-12
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 10-04-2026 Heard the learned counsel for the petitioner and the
learned AC to AGG-12 for the State
2. The present writ application has been filed seeking
following relief:-
“(i) For issuance of writ in the nature of
mandamus for giving a direction to remove the
encroachment obstruction created by making
construction of road and drainage over raiyati
land of the petitioner situated in mouza
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Aurangabad, Thana No.560, Khata No.205/26,
Plot No.627/157 area 4 ½ decimal by respondent
no.4, which have been made only to give benefit of
only one person namely Rang Bahadur Singh.”
3. Learned counsel for the petitioner submits that the
petitioner happens to be the owner of the land detailed in
paragraph ‘3’ of the writ petition filed on behalf of the petitioner
containing a total area of 4 ½ decimal. It has further been
submitted that road and drainage have been constructed over the
part of the aforesaid land by the Executive Officer, Nagar
Parishad, Aurangabad, however, there has been no permission
sought from the petitioner prior to making such construction. It
has next been submitted that the petitioner submitted
representation dated 20.10.2018 before the respondent no.4,
who has orally directed the petitioner to get her land measured
by the government, Anchal Amin, on which the petitioner
submitted an application on 02.04.2019 for measurement of her
land and after delay of two years the land of the petitioner got
measured by the Anchal Amin, who after making measurement
submitted a report dated 20.07.2021 stating therein that the road
and drainage over the raiyati land of the petitioner have been
constructed by the respondent no.4. It has lastly been submitted
that without any notice road and drainage have been constructed
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over the raiyati land of the petitioner.
4. On perusal of the record, this Court finds that there
is a representation made to the Executive Officer, Nagar
Parishad on behalf of the petitioner with regard to his grievances
however there has been no response and therefore, in the
interest of justice and taking into account the fact that the case
of the petitioner is that her raiyati land has been utilized for
constructing road and drainage without her permission and her
no objection, let the petitioner approach the learned District
Magistrate, Aurangabad, respondent no.2 with a fresh
representation raising all the grievances with regard to the
construction of road and drainage over her raiyati land.
5. Learned District Magistrate, Aurangabad shall
consider her representation along with all the relevant
documents submitted on behalf of the petitioner and after
getting the spot verification and fresh measurement done in the
presence of the parties/authorized persons, shall pass a reasoned
and speaking order within three months from the
date/receipt/production of the order.
6. The present writ application stands disposed off.
7. It goes without saying that if the District
Magistrate, Aurangabad, finds that the land of the petitioner has
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been utilized for the construction of road and drainage without
her permission, then a suitable compensation shall be paid to the
petitioner in accordance with law.
(Sourendra Pandey, J)
manoj/-
U
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