Patna High Court

Surendra Narayan JhaversusThe State of Bihar

Decided: 20 January 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The writ petition is disposed, directing the petitioners to approach the Principal Secretary, Road Construction Department, within eight weeks for redress of their grievance.

Summary

The petitioners, a group of landowners from Kurson village, filed a writ petition alleging that the State of Bihar and its road construction agencies had encroached upon their raiyati (government) land to construct a bridge, cutting trees and creating a deep ditch without initiating any proceeding under the Land Acquisition Act or obtaining their consent. They sought a writ directing the respondents to remove the encroachment, restore the land, or alternatively pay compensation for the 53 decimal area damaged. The State’s counter‑affidavit was filed, and the petitioners’ senior counsel suggested that the grievance could be redressed by approaching the Principal Secretary, Road Construction Department. The State counsel raised no objection to this limited remedy. Justice Rajiv Roy disposed of the petition, directing the petitioners to approach the Principal Secretary within eight weeks for redress, and indicated that any subsequent petition filed within that period would be considered promptly. The order effectively dismissed the writ but provided a procedural avenue for the petitioners.

Issues considered

Whether the State’s construction activities on raiyati land without a land acquisition proceeding violate the petitioners’ rights.
Whether a writ of mandamus or compensation can be issued to compel removal of the encroachment.
Whether the petitioners must first approach the administrative authority (Principal Secretary) before seeking judicial relief.

Legislation cited

Land Acquisition Act

Subjects

raiyati land
encroachment
land acquisition
writ petition
compensation
bridge construction
public works
administrative remedy

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.21026 of 2019
     ======================================================
1.    Surendra Narayan Jha Son of Late Narayan Jha Resident of Village- Kurson,
      P.S.- Sakatpur, District- Darbhanga.
2.   Sunil Kumar Jha Son of Late Narayan Jha Resident of Village- Kurson, P.S.-
     Sakatpur, District- Darbhanga.
3.   Ram Kumar Jha Son of Late Narayan Jha Resident of Village- Kurson, P.S.-
     Sakatpur, District- Darbhanga.
4.   Mahendra Narayan Jha, Madan Son of Late Satya Narayan Jha Resident of
     Village- Kurson, P.S.- Sakatpur, District- Darbhanga.
5.   Sunita Jha Wife of Late Devendra Narayan Jha Resident of Village- Kurson,
     P.S.- Sakatpur, District- Darbhanga.
6.   Gajendra Narayan Jha Son of Late Rameshwar Jha Resident of Village-
     Kurson, P.S.- Sakatpur, District- Darbhanga.
7.   Kanhaiya Jha Son of Late Rameshwar Jha Resident of Village- Kurson, P.S.-
     Sakatpur, District- Darbhanga.
8.   Dev Narayan Jha Son of Late Rameshwar Jha Resident of Village- Kurson,
     P.S.- Sakatpur, District- Darbhanga.
9.   Bhuvneshwar Jha Son of Yadu Jha Resident of Village- Kurson, P.S.-
     Sakatpur, District- Darbhanga.
10. Fekan Jha Son of Bideshwar Jha Resident of Village- Kurson, P.S.-
    Sakatpur, District- Darbhanga.
11. Shila Kant Jha Son of Bideshwar Jha Resident of Village- Kurson, P.S.-
    Sakatpur, District- Darbhanga.
12. Jai Narayan Jha Son of Yadu Jha Resident of Village- Kurson, P.S.-
    Sakatpur, District- Darbhanga.

                                                          ... ... Petitioner/s
                                   Versus
1.   The State of Bihar Through the Principal Secretary Road Construction
     Department, Bihar, Patna.
2.   The Managing Director Bihar, Rajya Pul Nirman Nigam Ltd. Patna.
3.   The District Magistrate Darbhanga.
4.   The Engineer in Chief Road Construction Department, Bihar, Patna.
5.   The Executive          Engineer   Road Construction     Department,      Benipur,
     Darbhanga.
6.   The Project Engineer Bihar Rajya Pul Nirman Nigam Ltd., Work Division
     Darbhanga.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s      :       Mr. Girish Chandra Jha, Advocate
     For the Respondent/s      :       Mr. Uday Shankar Saran Singh (GP-19)
         Patna High Court CWJC No.21026 of 2019(3) dt.20-01-2026
                                                    2/3




                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   20-01-2026                 Heard Mr. Devendra Kumar Sinha, learned Senior

                   counsel for the petitioners and Mrs. Shobha Chaubey, learned

                   counsel for the State.

                               2. The present petition has been preferred for the

                   following relief(s):

                                               “for issuance of appropriate writ or writs,

                                   direction or directions commanding the respondents

                                   to remove the encroachment made on the raiyati land

                                   of the petitioner as bridge and its diversion after

                                   removal/cutting the valuable trees and damaged the

                                   nature of the land due to construction on the raiyati

                                   land of the petitioner without consent of the

                                   petitioner and without initiation of a proceeding

                                   under the land acquisition act and or in alternative

                                   to pay compensation to the petitioner for the land

                                   having area 53 dec. for damaging the adjacent land

                                   of the petitioner on which soil has been taken and

                                   deep ditch has been made after changing the fertile

                                   land of the petitioner by under a land acquisition

                                   proceeding and or issuance of compensation writ or

                                   writs under the fact and circumstances of the case.”

                               3. Learned Senior counsel for the petitioners submit that
          Patna High Court CWJC No.21026 of 2019(3) dt.20-01-2026
                                                     3/3




                    now that the counter-affidavit has come on behalf of the Bihar

                    State Bridge Construction Corporation Ltd., in that background, it

                    would suffice if the petitioners are allowed to approach the

                    respondent no. 1, the Principal Secretary, Road Construction

                    Department, Bihar, Patna for the redressal of the grievance.

                                4. Learned State counsel has no objection.

                                5. In the aforesaid background and limited prayer that

                    has been put forward by the petitioners through their learned

                    Senior counsel, the writ petition stands disposed of allowing the

                    petitioner to approach the concerned respondent in next eight

                    weeks.

                                6. If such petition is preferred within the aforesaid

                    period, the same shall be taken into consideration and after hearing

                    all the parties, decide the same at an earliest in accordance with

                    law.



                                                  (Rajiv Roy, J)
Adnan/-

U

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