Patna High Court
Shashi Bhushan KushwahaversusThe State Of Bihar and Ors
- Decided
- Disposal
- CONSIGNED
- Bench
- RAJIV ROY
Holding
The petition was dismissed, the court holding that the peremptory order was not complied with and therefore no mandamus was issued.
Summary
Shashi Bhushan Kushwaha filed a writ petition seeking a mandamus directing the State authorities not to construct a road and drainage on his raiyati land without following the legal procedures under the Land Acquisition Act or the Encroachment Act. Notices were issued to several officials (respondents 11‑15) on 11‑Nov‑2025, but the peremptory order was not complied with. Consequently, the court dismissed the peremptory order on 9‑Dec‑2025, effectively rejecting the petitioner's relief. The court held that the failure to comply with the order justified its dismissal. No further relief was granted.
Issues considered
- Whether the construction of a road and drainage on raiyati land can proceed without acquisition under the Land Acquisition Act or proceeding under the Encroachment Act.
- Whether a writ of mandamus can be issued to restrain the respondents from undertaking the construction.
Legislation cited
Subjects
- mandamus
- land acquisition
- rai yati land
- encroachment
- public works
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.23695 of 2018
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Shashi Bhushan Kushwaha S/o- Late Gorelal Mandal @ Late Gorelal
Kushwarha. R/o- Village- Mahgama, P.O. Ghatwari Dharhara P.S. Dharhara,
District- Munger.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Land Reform and
Revenue Department, Government of Bihar, Patna
2. The Principal Secretary, Panchayti Raj Department, Government of Bihar,
Bihar, Patna.
3. The Divisional Commissioner, Munger Division, P.S.6 District-Munger.
4. The District Magistrate, Munger, P.S. District- Munger
5. The District Panchayat Raj Officer, Munger, P.S. District- Munger.
6. The Additinal District Magistrate, Munger, P.S. District- Munger.
7. The Sub-Divisional Officer, Munger, P.S.- Munger District- Munger
8. Block Development Officer, Dharhara, P.S.-Dharhara, District- Munger.
9. Assitant Engineer,, Dharhara, P.S- Dharhara, District- Munger.
10. Circle officer, Dharhara, P.S-Dharhara, District- Munger
11. Executive Officer, Dharhara, P.S- Dharhara, District- Munger
12. Mukhiya, Mahgama Panchayat, P.S.- Dharhara, District- Munger
13. Ward Member, Ward No- 08 Mahgama Panchayat, P.S- Dharhara, District-
Munger
14. Secretary, Mahgama Panchayat, P.S- Dharhara, District-Munger
15. Panchayat Sevak, Mahgama Panchayat, P.S. Dharhara, District- Munger.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prem Chand Yadav, Advocate
For the State : Mr. Sajid Salim Khan, SC-25
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 20-01-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“for issuance of writ of mandamus and
Patna High Court CWJC No.23695 of 2018(3) dt.20-01-2026
2/2
any other appropriate writ/writs, order/orders,
command, direction/directions to the respondent
authorities not to construct the road and
drainage (Nala) upon the Raiyati land of the
petitioner without following the legal norms
either initiating proceeding under Land
Acquisition Act or under Encroachment Act and
any other relief/reliefs as your lordship may
deem fit and proper in the larger interest of
justice.”
3. In this case on 11.11.2025, notices were issued to
the respondent no. 11 to 15.
4. As it was a peremptory order and not complied, it
stood dismissed on 09.12.2025.
5. Perused the file, consigned.
(Rajiv Roy, J)
vinayak/-
U
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