Patna High Court
Rajdev GiriversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition was not entertained for mandamus; the petitioner was directed to approach the Collector for relief.
Summary
Petitioner Rajdev Giri filed a writ petition seeking a mandamus directing the State of Bihar and its officials to acquire his land (Khata No. 185, Khesra No. 3384) on which a bridge‑cum‑road under the Pradhan Mantri Gram Sadak Yojana was being constructed, to stop the construction, and to pay compensation at the government rate. The petitioner also indicated an intention to approach the Collector for redress. The State counsel raised no objection to the petition. The Court, after hearing, declined to issue the writ and instead directed the petitioner to approach the Collector of East Champarnan within four weeks, who will consider the matter and pass a reasoned order.
Issues considered
- What relief, if any, can be granted by the High Court in a writ petition seeking mandamus for land acquisition and cessation of a public works project?
Subjects
- land acquisition
- mandamus
- public works
- Pradhan Mantri Gram Sadak Yojana
- writ petition
- compensation
- collector
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20722 of 2019
======================================================
Rajdev Giri Son of Late Mahavir Giri Resident of Village-Khuguni Tola, P.O.
Parsauna Madan, PS. Ramgarhwa, District East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar.
2. The Principal Secretary, Rural Works Department, Government of Bihar,
Patna.
3. The District Magistrate, East Champaran, Motihari.
4. The Anchal Adhikari, Ramgarhwa, East Champaran, Motihari.
5. The Executive Engineer, Rural Works Department, Ramgarhwa, East
Champaran, Motihari.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Adv.
Mr. Abhishek Kumar, Adv.
Ms. Rashmi Jha, Adv.
Mr. Sharad Kumar Verma, Adv.
For the Respondent/s : Mr. Sanjeet Kumar Singh, AC to AAG-6
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 07-01-2026 Heard the parties.
2. The present application has been preferred:
for issuance of an appropriate
writ, order or direction particularly in the
form of writ of Mandamus directing the
respondents acquire the land of the petitioner
pertaining to Khata No. 185, Khesra No.
3384, Area 1 katha 12 dhurs (out of 3 katha)
of Mauza: Khuguni (Patni), Thana No 73,
Ramgarhwa, East Champaran, on which the
construction of bridge-cum-road is going on
under Pradhan Mantri Gram Sadak Yojna.
Patna High Court CWJC No.20722 of 2019(3) dt.07-01-2026
2/2
Further, direct the respondents to
stop the construction of bridge-cum-road on
the abovesaid land of the petitioner till
acquisition and direct the respondents to pay
the compensation according to govt. rate of
the said land. The total amount of the
abovesaid land is 4.48 lakhs (2.80
lakh/katha) for 1 katha 12 dhurs and further
to pay other reliefs as the Hon'ble Court
thinks fit and proper.
3. Learned counsel for the petitioner submits that she
shall be preferring an appropriate petition before the Collector,
East Champaran, Motihari for the redressal of the grievance.
4. The State Counsel has no objection.
5. In that background, the writ petition is disposed of
allowing the petitioner to approach the Collector, East
Champaran in next four weeks who shall be taking up the matter
and after hearing the parties, shall be passing a reasoned order at
an earliest.
(Rajiv Roy, J)
Vijay Singh/-
U
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