Patna High Court
Sanyogita KumariversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition was disposed of as the petitioner was satisfied with the fresh measurement and no further relief was deemed necessary.
Summary
The petitioner, Sanyogita Kumari, filed a writ petition seeking acquisition of the remaining portion of Plot No. 236, vacating land on which a road had been constructed beyond the dimensions prescribed under land acquisition, release of 297 square feet of land allegedly taken in excess, and payment of compensation, interest, and ground rent. The respondents, including the State of Bihar and various departmental officials, submitted a fresh affidavit with Annexure‑A showing a new measurement of the land. The petitioner, after reviewing Annexure‑A, expressed satisfaction with the measurement and indicated that the reliefs sought were no longer required. The court considered the fresh measurement and the petitioner's satisfaction as sufficient to resolve the dispute. Consequently, the court disposed of the writ petition. The order was pronounced by Justice Rajiv Roy.
Issues considered
- What is the correct extent of land that should be acquired under the land acquisition process?
- Whether the respondents have exceeded the authorized acquisition area by constructing a road over excess land?
- Whether the petitioner is entitled to compensation, interest, and ground rent for the alleged excess occupation?
Subjects
- land acquisition
- excess acquisition
- compensation
- ground rent
- writ petition
- road construction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19410 of 2018
======================================================
Sanyogita Kumari D/o Late Hargovind Singh Resident of Mohalla- Bhabha
Colony, Hanuman Nagar, Kankarbagh, P.S.- Patrakar Nagar, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Government of Bihar, Patna
2. The Principal Secretary, Road Constrution Department, Government Of
Bihar, Patna
3. The Collector, Patna.
4. The District Land Acquisition Officer, Patna.
5. The Executive Engineer,New Capital Road Division, Road Construction
Department, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siddharth Harsh, Advocate
For the State : Mr. Dhurjati Kumar Prasad, GP-14
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 05-01-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(a) for issuance of an appropriate
writ/order direction commanding the
respondents to forthwith acquire the remaining
area of the Plot No. 236 under Khata No.83
under mauza Pakri (Kankarbagh) owned and
possessed by the petitioner.
(b) for issuance of an appropriate
writ/order/direction commanding the
Patna High Court CWJC No.19410 of 2018(4) dt.05-01-2026
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Respondents to forthwith vacate the land of the
petitioner upon which road has already been
constructed beyond the dimension prescribed
under the land acquisition.
(c) for issuance of an appropriate
writ/order/direction commanding the
respondents to forthwith release 297 square feet
(6'x 49'6") land of the petitioner which has been
taken possession of by the respondents exceeding
the area of the land acquisition i.e. the
respondents have constructed road over 2975 Sq.
ft. land of the petitioner in place of the 2675 Sq.
ft. of acquired land or alternatively commanding
the respondents to forthwith pay the
compensation for exceeding area along with
interest for the same.
(d) for issuance of an appropriate
writ/order/direction commanding the
respondents to pay ground rent along with cost
and compensation for the land illegally occupied
by them.
(e) and/or for any other relief or reliefs
Patna High Court CWJC No.19410 of 2018(4) dt.05-01-2026
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for which the petitioner would be found entitled
to in the facts and circumstances of the case.”
3. Pursuant to the last order dated 03.11.2025, a fresh
affidavit has been filed on behalf of the respondent Executive
Engineer, New Capital Road Division, Road Construction
Department, Patna.
4. Learned State counsel has taken this Court to the
Annexure-A of the said affidavit to show that the fresh
measurement has taken place and the report has been submitted.
5. Learned counsel for the petitioner submits that in
the light of the Annexure-A, the writ petition can be disposed of
and now she is satisfied with the measurement made.
6. In that view of the matter and taking note of the
submission put forward by the parties as also of Annexure-A
dated 10.12.2025, the writ petition is disposed of.
(Rajiv Roy, J)
vinayak/-
U
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