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Patna High Court

Ramraj SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition was dismissed, with the court directing the petitioner to seek redress from the Collector without adjudicating the merits.

Summary

Petitioner Ramraj Singh filed a writ petition seeking a mandamus directing the State authorities to restrain road construction on his raiyati land (Khata No.34, Plot No.138) and to determine compensation. The construction was being carried out by a local contractor under the Rural Works Department without formal acquisition. The State argued that the executive engineer had already issued a stop‑work order and that the petitioner had not raised objections when the project began in 2014, citing the precedent Jangli Pandit v. State of Bihar (2019). The petitioner’s counsel requested an opportunity to present his case before the Collector. The court, without addressing the substantive merits, directed the petitioner to approach the Collector for redress and disposed of the writ petition.

Issues considered

  • Whether the construction of a road over the petitioner's raiyati land without acquisition and compensation warrants issuance of a mandamus.
  • Whether the petitioner is entitled to compensation for the land affected by the road construction.
  • Whether the petitioner should be directed to approach the Collector for grievance redressal instead of proceeding with the writ.

Subjects

  • mandamus
  • land acquisition
  • rai yati land
  • compensation
  • road construction
  • writ petition
  • high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2076 of 2026
                 ======================================================
                 Ramraj Singh Son of Late Ramdas Singh, Resident of Village- Dhanawa,
                 P.S.- Daudnagar, District- Aurangabad.

                                                                       ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Revenue and Land
                 Reforms Department, Bihar, Patna, District- Patna.
           2.    The District Magistrate, Aurangabad, District- Aurangabad.
           3.    The District Land Acquisition Officer, Aurangabad, District- Aurangabad.
           4.    The Executive Engineer, Rural Works Department, Work Division, Daud
                 Nagar, District- Aurangabad.
           5.    The Circle Officer, Daud Nagar, District- Aurangabad.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Santosh Chandra Bhaskar, Advocate
                 For the Respondent/s   :        Mr. Standing Counsel (05)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   07-04-2026                 Heard Mr. Santosh Chandra Bhaskar, learned counsel

                   for the petitioner and Mr. Kumar Pankaj for the State.

                               2. The present petition has been preferred for the

                   following relief(s):

                                                      “for issuance of a writ in the
                                            nature of "Mandamus" commanding and
                                            directing the respondents authorities to
                                            restrain the construction of road over the
                                            raiyati land of the petitioner bearing Khata
                                            No.34, Plot No.138 upon which construction
                                            making by local contractor under Rural
                                            Works Department forcefully in between
                                            middle part of the land without acquiring the
Patna High Court CWJC No.2076 of 2026(3) dt.07-04-2026
                                            2/3




                                 land of the petitioner in due process by
                                 government authority -
                                              (A) For direction to the respondent
                                 authority        to     make   actual   current
                                 compensation amount for the land of the
                                 petitioner upon such road construction is
                                 approved by the department if any in part.
                                              (B) For issuance of any other
                                 writ/writs, direction/directions, order/orders
                                 for which the petitioner is found entitled to.”

                      3. The counter-affidavits have been filed both by the

          Executive Engineer, Rural Works Department, Work Division,

          Daud Nagar, Aurangabad as also the Collector, Aurangabad.

                      4. Learned State counsel with the help of the counter-

          affidavit of the Collector, Aurangabad submits that the

          Executive Engineer, Rural Works Department, Work Division,

          Daud Nagar has communicated vide office letter no. 702 dated

          30.03.2026 that the concerned Executive Agency has been

          directed to immediately stop the ongoing construction activities

          over the land in question. The further submission is that the

          process was initiated in the year 2014 itself but the petitioner

          chose not to raise any objection then and as such, it is in the

          teeth of the order passed by the Patna High Court in Jangli

          Pandit & Ors. vs. The State of Bihar & Ors. (CWJC No. 8660 of
          Patna High Court CWJC No.2076 of 2026(3) dt.07-04-2026
                                                      3/3




                    2019) disposed of on 25.04.2019.

                                5. Learned counsel for the petitioner submits that

                    since the work has been stopped by the Executive Agency, he be

                    granted opportunity to raise all the points before the Collector,

                    Aurangabad (respondent no. 2).

                                6. Without commenting on the merit of the case,

                    granting said liberty to approach the Collector, Aurangabad for

                    the redressal of the grievance, the writ petition stands disposed

                    of.



                                                  (Rajiv Roy, J)
Adnan/-

U


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