Patna High Court
Roshan Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court declined to quash the Gazette Notification and directed the petitioners to approach the Collector under the 2013 Act, thereby disposing of the writ petition.
Summary
A large group of petitioners filed a writ petition challenging a Gazette Notification dated 27‑11‑2025 that authorized land acquisition for constructing an embankment on the Harohar River under the Tal Vikash Yojna. They alleged that the acquisition violated statutory rules, natural justice, and sought quashing of the notification, a fresh scientific survey, and a restraining order on construction. The court examined the petition and the respondents’ counter‑affidavit and found that the petitioners could pursue their grievances by filing separate applications before the Collector under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The court held that the respondents had acted appropriately and therefore did not grant the writs sought. It directed the petitioners to approach the Collector, expected the process to be completed by year‑end, and disposed of the writ petition.
Issues considered
- Whether the Gazette Notification for land acquisition for the embankment can be quashed on grounds of procedural violation and violation of natural justice.
- Whether the court should direct the respondents to conduct a fresh geographical, hydrological and scientific survey before proceeding with the embankment.
- Whether the petitioners should be restrained from proceeding with construction of the embankment pending adjudication of their claims.
Legislation cited
Subjects
- land acquisition
- gazette notification
- embankment
- natural justice
- Right to Fair Compensation and Transparency in Land Acquisition Act
- writ petition
- environmental survey
- government procurement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2078 of 2026
======================================================
1. Roshan Kumar Singh S/o Late Muneshwar Prasad Singh, R/o Dhanraj Tola,
Barhiya, Lakhisarai.
2. Sanjeev Kumar, S/O Late Mohan Prasad Singh, R/O Dhanraj Tola, Barhiya,
Lakhisarai.
3. Achyut Kant, S/o Late Nalani Kant Prasad Singh, R/o Dhanraj Tola,
Barhiya, Lakhisarai.
4. Anurag Sinha, S/o Late Sanjay Kumar Sinha, R/o D- 64, S.K. Puri, Patna.
5. Rakesh Kumar, S/o Late Hame Chandra Prasad Singh, R/o Dhanraj Tola,
Barhiya, Lakhisarai.
6. Shiv Kumar Sinha, S/o Yogendra Singh, R/o Ramsen Tola, Barhiya,
Lakhisarai.
7. Gopal Sharan Singh, S/o Late Asesar Singh, R/o Ramsen Tola, Barhiya,
Lakhisarai.
8. Vikas Singh, S/o Late Vishwanath Prasad Singh, R/o Dhanraj Tola, Barhiya,
Lakhisarai.
9. Anjani Kumar Singh, S/o Late Atal Bihari Singh, R/o Dhanraj Tola, Barhiya,
Lakhisarai.
10. Gautam Prasad Singh, S/o Late Govardhan Prasad Singh @ Kamal
Devnarayan Singh, R/o Dhanraj Tola, Barhiya, Lakhisarai.
11. Manohar Prasad Singh, S/O Late Yogendra Prasad Singh, R/O Dhanraj Tola,
Barhiya, Lakhisarai.
12. Madhav Kumar, S/O Late Arun Prasad Singh, R/O Dhanraj Tola, Barhiya,
Lakhisarai.
13. Lalit Kumar Singh, S/O Late Balakant Prasad Singh @ Ramakant Singh,
R/O Ramsen Tola, Barhiya, Lakhisarai.
14. Ashok Kumar Singh, S/O Late Krishna Singh, R/O Dhanraj Tola, Barhiya,
Lakhisarai.
15. Dayashankar Singh, S/O Dhamochan Singh, R/O Dhanraj Tola, Barhiya,
Lakhisarai.
16. Renu Devi, W/O Late Jawahar Prasad Singh, R/O Dhanraj Tola, Barhiya,
Lakhisarai.
17. Rupesh Kumar, S/O Late Devesh Kumar, R/O Dhanraj Tola, Barhiya,
Lakhisarai.
18. Sujit Kumar, S/O Late Rajendra Prasad Singh, R/O Madhuban, Barhiya,
Lakhisarai.
19. Ranjit Kumar Singh, S/O Late Triveni Singh, R/O Madhuban, Barhiya,
Lakhisarai.
20. Chakravarti Singh, S/O Balmiki Prasad Singh, R/O Madhuban, Barhiya,
Lakhisarai.
21. Amit Chandra, S/O Rajeev Chandra, R/O Dhanraj Tola, Barhiya, Lakhisarai.
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22. Satyam Chandra, S/O Late Sanjeev Chandra, R/O Dhanraj Tola, Barhiya,
Lakhisarai.
23. Rajnish Kumar Singh, S/O Late Ravindra Narayan Singh, R/O Dhanraj Tola,
Barhiya, Lakhisarai.
24. Kumar Ajay Singh, S/O Late Gopal Prasad Singh, R/O Dhanraj Tola,
Barhiya, Lakhisarai.
25. Ravi Narayan Singh @ Shankar Sharan, S/O Late Raghuveer Narayan Singh
@ Bachcha Prasad Singh, R/O Dhanraj Tola, Barhiya, Lakhisarai.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Water Resource Department,
Government of Bihar, Patna.
2. The Additional Chief Secretary, Water Resource Department, Government of
Bihar, Patna.
3. The District Magistrate, Lakhisarai.
4. The Chief Engineer, Water Resource Department, Lakhisarai.
5. The Executive Engineer, Water Resource Department, Lakhisarai.
6. The District Land Acquisition Officer, Lakhisarai.
7. The Circle Officer, Lakhisarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar, Advocate
For the Respondent/s : Mr. Addl. Advocate General (07)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 28-04-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
“(i) For issuance of an
appropriate writ, order or direction for
quashing the Gazette Notification dated
27/11/2025 issued from the office of District
Land Acquisition, Lakhisarai published in
Daily Newspaper namely "Danik Jagran"
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relating to acquisition of land for
construction of Embankment on river
Harohar under Tal Vikash Yojna left bank
from Balgudar Ghat to Barh Sarmera Road
in view of the fact that the same is being
constructed without following different
Rules/Regulations/Provisions and above all
in complete violation of principles of Natural
Justice.
ii. For issuance of an appropriate
writ, order or direction to the Respondents to
decide the petitioner's representation dated
04/01/2024 and reminder thereto filed
recently in that connection within stipulated
time before proceeding further in the present
matter.
iii. For issuance of an appropriate
writ, order or direction to the Respondents to
conduct fresh Geographical, Hydrological
and Scientific Survey through an independent
water experts before proceeding any further
in construction of Embankment in pursuant
to aforesaid Impugned Gazette Notification
dated 27/11/2025.
iv. For restraining the Respondents
from proceeding with construction of
Embankment over river Harohar till disposal
of the instant Civil Writ Application.
v. For any other relief or reliefs the
petitioners may be entitled in the facts and
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circumstances of the case.”
3. After some arguments, learned counsel for the
petitioners submit that they shall be approaching individually
before the Collector, Lakhisarai under different Sections of the
Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013
(henceforth for short ‘the 2013 Act’) so that he/she can take up
the matter, go through the objection and alongwith the
comments, refer the matter to the Government.
4. Learned State counsel submits that if such separate
petitions is filed, the respondent will act in accordance with ‘the
2013 Act’.
5. Having heard the parties, this Court has gone
through the petition as also the different paragraphs of the
counter-affidavit and is satisfied with the action taken by the
respondents. However, since, it is their right to approach the
respondent in accordance with different Sections of ‘the 2013
Act’, liberty is granted to them to approach the respondent no. 3,
the Collector, Lakhisarai separately who shall be acting in
accordance with Sections of ‘the 2013 Act’ and alongwith
his/her comment, shall further be referring the matter to the
Government for final order.
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6. This Court expects that the entire process is
completed by the respondents by the end of this year.
7. The writ petition stands disposed of with the
aforesaid observation.
8. Pending I.A.(s) also stands disposed of.
(Rajiv Roy, J)
Adnan/-
U
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