Patna High Court
Yogendra SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court granted the petitioner liberty to approach the appropriate authority and disposed of the writ petition.
Summary
Petitioner Yogendra Sah filed a writ petition seeking mandamus directing various government authorities to demarcate land, restore possession, pay compensation for demolition of his house, hold an inquiry against officials, and pass a reasoned order. The petition was accompanied by numerous affidavits, making it voluminous. The court, after hearing, noted that the petitioner now only seeks liberty to approach the appropriate authority for redress. The respondents did not object to this limited relief. Accordingly, the court granted the petitioner liberty to approach the relevant authority and disposed of the writ petition.
Issues considered
- Whether the writ petition seeking demarcation, restoration of possession, compensation, and inquiry is maintainable in the High Court
- Whether the petitioner is entitled to liberty to approach the appropriate authority for redress of his grievance
Subjects
- writ of mandamus
- land acquisition
- demarcation
- compensation
- inquiry
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1944 of 2026
======================================================
Yogendra Sah Son of Late Thakur Sah, Resident of Sheohar, P.S. and District
Sheohar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Land and Revenue Department,
Bihar, Patna.
2. The Engineer-in-Chief, National Highway Division- 104 (old), Bihar, Patna.
3. The Executive Engineer, National Highway Division- 104 (old), Sitamarhi.
4. The Junior Engineer, National Highway, Sitamarhi Division, Sitamarhi.
5. The District Collector, Sheohar.
6. The Deputy Collector Land Reform, Sheohar.
7. The District Land Acquisition Officer, Sheohar.
8. The Circle Officer, Sheohar.
9. The Circle Amin, National Highway Division, Sitamarhi Division,
Sitamarhi.
10. The Assistant Engineer, National Highway Division, Sitamarhi Division,
Sitamarhi.
11. The Divisional Amin, National Highway Division, Sitamarhi Division,
Sitamarhi.
12. Basudeo Prasad, Son of Late Jhapas Sah, Resident of Sheohar, P.S. and
District- Sheohar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subodh Kumar, Advocate
For the Respondent/s : Mr. Government Advocate (8)
For the Resp No. 12 : Mr. Prabhakar Singh, Advocate
Ms. Ritika Kumari, Advocate
Mr. Pranav Bhaskar, Advocate
Mr. Anubhav Vatsa, Advocate
Mr. Sumit Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 28-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“(i) For issuance of an appropriate writ
in the nature of mandamus commanding and
directing the Respondent authorities to demarcate
Patna High Court CWJC No.1944 of 2026(4) dt.28-04-2026
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the total area of Plot No. 5483 under Khata No.
2289 as per the Revisional Map and accordingly
demarcate the acquisition line and also demarcate
the remaining land of the petitioner according to
Map.
(ii) For further direction to the
Respondent authorities to restore the possession of
the petitioner upon the remaining land measuring
an area 9.6 feet as per the layout plan of the
National Highway Division.
(iii) For further direction to the
Respondent authorities to pay compensation to the
petitioner for demolition of residential house upon
the entire land except a wall of 10 Inch as the
Respondent authorities have illegally destroyed the
remaining construction of remaining portion after
acquisition and further direction to the Respondent
authorities for realization of compensation from the
salary of the Respondent authorities.
(iv) For further direction to the
Respondent authorities to hold an inquiry against
the Respondent authorities who are indulged in
demolition of the entire house exceeding acquisition
Patna High Court CWJC No.1944 of 2026(4) dt.28-04-2026
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area fixing liability and after inquiry take an
appropriate action against the authority concern.
(v) For further direction to the
Respondent authorities to dispose of the
representation of the petitioner by reasoned and
speaking order within time framed affording an
opportunity of hearing.
(vi) And for any other relief/reliefs for
which the petitioner is found to be entitled in the eye
of law.”
3. Numerous affidavits have been filed in the petition,
rendering it voluminous. However, following the submissions
advanced by learned counsel for the petitioner, the sole prayer
now is that the petitioner be granted liberty to approach the
appropriate authority/Court for the redressal of the grievance.
4. The respondents have no objection to it.
5. In that background, granting said liberty, the writ
petition stands disposed of.
(Rajiv Roy, J)
Adnan/-
U
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