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Patna High Court

Roshan Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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.
         Patna High Court CWJC No.2078 of 2026(4) dt.28-04-2026
                                                     2/5




           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"
Patna High Court CWJC No.2078 of 2026(4) dt.28-04-2026
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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
Patna High Court CWJC No.2078 of 2026(4) dt.28-04-2026
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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.
          Patna High Court CWJC No.2078 of 2026(4) dt.28-04-2026
                                                      5/5




                                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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