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Patna High Court

Razaullah AnsariversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner must seek relief through the District Magistrate, and therefore the writ petition was disposed without granting mandamus.

Summary

The petitioner, Razaullah Ansari, claimed that his raiyati land in Aurangabad district was being acquired for a road deviation without proper notice, acquisition, or compensation under the Land Acquisition Act, 1894, and sought a writ of mandamus to restrain the authorities. He alleged that the land had been taken during road construction in 2008‑09 and that a new notice issued in July 2024 sought further acquisition. The respondents – various state officials – filed counter‑affidavits shifting responsibility among themselves. The Court, after hearing counsel, directed the petitioner to approach the District Magistrate with supporting documents, after which the Magistrate should summon the relevant officers and pass a reasoned order. The Court emphasized that any entitlement to compensation must be granted in accordance with law. Consequently, the writ petition was disposed without granting the relief sought.

Issues considered

  • Whether the respondent authorities can acquire the petitioner’s raiyati land for road construction without notice, acquisition, and compensation under the Land Acquisition Act, 1894.
  • Whether a deviation from the sanctioned road map is permissible and constitutes infringement of the petitioner’s rights.
  • Whether a writ of mandamus can be issued to restrain the acquisition of the land.

Legislation cited

Subjects

  • rai yati land
  • land acquisition
  • road deviation
  • mandamus
  • compensation
  • civil writ jurisdiction
  • Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.20932 of 2014
                 ======================================================
                 Razaullah Ansari Son of Late Md. Hbib Resident of Village - Rangabigha,
                 P.O.- Manika, P.S.- Madanpur, District - Aurangabad

                                                                                ... ... Petitioner/s
                                                         Versus
           1.    The State Of Bihar
           2.    The District Magistrate, Aurangabad
           3.    The Deputy Development Commissioner, Aurangabad
           4.    The Land Acquisition Officer, Aurangabad
           5.    The Executive Engineer, Rural Works Department- 3, Aurrangabad
           6.    The Executive Engineer Road Construction Department, Aurangabad.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :          Mr.Purushotam Sharma, Advocate
                 For the Respondent/s   :          Mr.Venketesh Kirti, JC to GA-02
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

8   09-02-2026                   Heard Mr. Purushotam Sharma, learned counsel for

                   the petitioner and the State.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for issuance of a writ in the nature of a

                                            writ    of     mandamus       commanding          the

                                            respondent authorities not to acquire the

                                            raiyati land of the petitioner for construction

                                            of survey road in deviation of sanctioned

                                            road as the land of the petitioner has never

                                            been acquired as per the provisions of land
Patna High Court CWJC No.20932 of 2014(8) dt.09-02-2026
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                                  Acquisition Act, 1894;

                                  (ii) for holding that any deviation from the

                                  sanctioned road map is not permissible as

                                  the same is infringement upon the rights of

                                  the petitioner as well as transgression of

                                  vested power on the part of the respondent

                                  authorities;

                                  (iii) for any other relief/(s) applicable in the

                                  facts and circumstances of the case.

                       3. The matter relates to a piece of land (Plot No. 281,

          Khata No. 25 under Madanpur Circle, in the district of

          Aurangabad).

                       4. The petitioner claims it to be a raiyati land and

          alleges       that      without        notice/acquisition/compensation,

          construction of road took place. The submission is that the same

          is further to be extended and now a notice has been issued by

          the office of District Land Acquisition Officer, Auranbabad on

          05.07.2024 (Annexure-P/7 to the supplementary affidavit).

                       5. Counter affidavits have come and all the three

          wings of the State namely District Land Acquisition Officer,

          Aurangabad, Rural Works Department, Aurangabad as also the

          Road Construction Department, Aurangabad have raised their
Patna High Court CWJC No.20932 of 2014(8) dt.09-02-2026
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          hands and the affidavits filed through the same office have

          transferred the responsibility on the other wing.

                       6. If the claim of the petitioner is accepted, he is

          suffering due to attitude of the respondents and if any

          construction has taken place on his raiyati land, he is definitely

          entitled to the compensation and approaching the Court

          belatedly cannot be the ground for denial of any compensation

          for which a proper notice which should have been issued to him

          at the first instance itself. These facts have been recorded under

          the belief that the land of the petitioner has also been taken

          during the construction of the road in the year 2008-09.

                       7. In that background, with the consent of the parties,

          the petitioner is directed to approach the respondent no.02, the

          District Magistrate cum Collector, Aurangabad in next eight

          weeks alongwith with all the documents in support of his claim

          and the concerned respondent on receipt of it shall be

          summoning the District Land Acquisition Officer, Aurangabad,

          the Executive Engineer, Rural Works Department, Aurangabad

          as also the Executive Engineer, Road Construction Department,

          Aurangabad and after hearing the parties and perusing the

          records, shall be passing a reasoned order in the matter.

                       8. Needless to add, if the petitioner is entitled to the
         Patna High Court CWJC No.20932 of 2014(8) dt.09-02-2026
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                   benefit, the same has to be extended to him in accordance with

                   law.

                                9. The writ petition is disposed of with the aforesaid

                   observation.



                                                 (Rajiv Roy, J)
Ravi/-

U


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