Patna High Court
Razaullah AnsariversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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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