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Patna High Court

Sanyogita KumariversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

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
                                                       3/3




                                         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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