Patna High Court
Mostt. Shanti DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court held that the matter must be investigated by a three‑member committee and, if the land was illegally acquired, the encroaching road must be removed and possession restored to the petitioners.
Summary
The petitioners, two widows, alleged that the Rural Works Department and other local authorities began constructing a village PCC road over their ancestral land in Lavapur Narayan, Vaishali, without following the acquisition procedure prescribed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013. They claimed the encroachment was done in collusion with private respondents who opposed surrendering their own land for the road. The petitioners sought an injunction restraining the authorities from further construction and a direction to restore possession of their land. The Court directed the District Magistrate‑Collector to constitute a three‑member committee to investigate the matter, examine revenue records, and submit a report. After the report, the District Magistrate must hold a hearing of all parties and pass a reasoned order; if the land was illegally acquired, the road must be removed and vacant possession restored to the petitioners. Accordingly, the writ petition was disposed of with these directions.
Issues considered
- Whether the construction of a village road over private ancestral land without acquisition under the RFCTLARR Act, 2013 is lawful.
- Whether the authorities can encroach upon the petitioners' land without due process and compensation.
- What appropriate relief, if any, can the Court grant to protect the petitioners' property rights.
Subjects
- land acquisition
- encroachment
- public road construction
- RFCTLARR Act
- injunction
- property rights
- rural works department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2483 of 2026
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1. Mostt. Shanti Devi Wife of Late Manik Ray, Resident of Village- Lavapur,
Narayan, P.S.- Mahua, District- Vaishali.
2. Uma Devi, Wife of Late Nanhak Ray, Resident of Village- Lavapur,
Narayan, P.S.- Mahua, District- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Rural Works
Department, Government of Bihar, Patna.
2. The District Magistrate, Vaishali.
3. The D.D.C, Vaishali.
4. The Deputy Collector, Land Reforms, Mahnar, Vaishali.
5. The Circle Officer, Vaishali.
6. The Block Development Officer, Mahnar, Vaishali.
7. The S.D.O., Mahnar, District- Vaishali.
8. The Assistant Engineer, Rural Works Department, Vaishali.
9. The Junior Engineer, Jila Parishad, Mahnar, District- Vaishali.
10. The Mukhiya, Gram Panchayat Lavapur Narayan Mahnar, District- Vaishali.
11. Pradeep Rai, member of Zila Parishad, Mahnar, Vaishali.
12. Hiralal Sah, Son of Chaturbhuj Sah, Resident of Village- Lavapur, Narayan,
P.S.- Mahua, District- Vaishali.
13. Murli Manohar Rai, Son of Ram Layak Rai, Resident of Village- Lavapur,
Narayan, P.S.- Mahua, District- Vaishali.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Raja Ram Rai, Advocate
For the State : Mr. Sanjay Kumar, AC to GP 23
For the Zila Parishand : Mr. Shri Nandan Prasad Singh, Sr. Advocate
Mr. Nandan Pd. Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 16-02-2026 Heard Mr. Raja Ram Rai, learned counsel appearing
Patna High Court CWJC No.2483 of 2026(2) dt.16-02-2026
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on behalf of the petitioners; Mr. Sanjay Kumar, learned AC to
GP 23 for the State and Mr. Shri Nandan Prasad Singh, learned
Sr. Counsel along with Mr. Nandan Pd. Singh, learned counsel
for the Zila Parishad.
2. Petitioners have inter alia prayed for following
reliefs in the paragraphs No.1 of the writ petition:-
“That this is an application for issuance of
appropriate writ/writs, order/orders, direction/directions
commanding the respondent authorities especially
respondent no.3 to 9 not to encroach the land of dwelling
house of petitioners for construction of village PCC Road
without initiating a proceeding for acquisition of land of
petitioners under Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement (RFCTLARR) Act, 2013.
Petitioners further seeks Hon’ble Court’s
indulgence directing and commanding the respondent
authorities not to disturb the possession of petitioners on
his ancestral land appertaining to Mauza- Lavapur
Narayan, Thana No.617, Khata no.1049, Plot No.2110,
Area 4 decimals, Plot No.2113, Area 02 decimal which is
the ancestral land of petitioners and since son of petitioner
no.2 is a Army man and mostly resides outside the village
and other male members are living outside the State to earn
their livelihood and by taking benefit of absence of Male
member local elected bodies such as Mukhiya and Zila
Parishad, encroached the 04 decimals of land for
construction of village road in connivance with private
respondent no.11 and 12 who do not want to give their land
in construction of village road, resultantly respondent no.9
and 10 marked the private land of petitioners to be utilized
in constructinon of road without the consent of petitioners.
Petitioners further seek Hon’ble Court’s
indulgence for any other relief/reliefs for which they are
found entitled in the eye of law and in the facts and
circumstances of the present case.”
3. Learned counsel appearing on behalf of the
petitioners submitted that illegally the authorities have started
to construct PCC road upon the land appertaining to Khata
Patna High Court CWJC No.2483 of 2026(2) dt.16-02-2026
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No.310, plot No.2113, an area of 2 decimals and land
appertaining to Khata No.1049, Plot No.2110, area 4 decimals
situated at Mauza- Lavapur Narayan. Vaishali in connivance
with private respondents no.11 and 12.
4. Considering the aforesaid submissions made on
behalf of the petitioners, the District Magistrate-cum-Collector,
Vaishali is directed to constitute a three-member-committee, for
holding an inquiry in respect of road constructed over the land
in question. After proper consideration of the revenue records,
the Committee is directed to submit a report in that regard to the
District Magistrate. The District Magistrate after considering the
report of the committee, is required to give opportunity of
hearing to all the concerned parties, including private
respondents no.11 and 12 and the petitioners in particular, and
pass a reasoned order in accordance with law. In case, the land
of the petitioners has illegally been acquired in construction of
road then in that case, the same is required to be removed
forthwith, ensuring to hand over the vacant possession of the
land in question to the petitioners in accordance with the
instructions contained in Letter No. 3578 dated 17.06.2013 and
the subsequent clarification made by the State Government from
time to time.
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5. The writ petition, accordingly, stands disposed of.
(Purnendu Singh, J)
Sanjay/-
U
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