Patna High Court
Devanand PandeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The construction of the road on the petitioner's raiyati land without acquisition or compensation is illegal and must be removed.
Summary
The petitioner, Devanand Pandey, alleged that his raiyati land in Bhagalpur district was used for constructing a road under the Pradhan Mantri Gram Sadak Yojana without any acquisition process or compensation, violating his constitutional right to property under Article 300A. He contended that the Gram Panchayat ignored a revenue department memo (No. 3578 dated 17‑06‑2013) and proceeded arbitrarily, seeking a declaration that the construction was illegal and a direction for its removal or compensation. The respondent authorities, including the State of Bihar and local officials, defended the construction as a legitimate exercise of powers under the Eleventh Schedule and the PMGSY scheme. The Court examined the procedural requirements for land acquisition and the necessity of compensation, noting that the absence of any acquisition order rendered the construction ultra vires. Accordingly, the Court held that the road construction was illegal and ordered the District Magistrate‑cum‑Collector to ensure its removal in compliance with the memo. The application was disposed with the said direction, emphasizing the executive’s duty to protect citizens’ rights.
Issues considered
- Whether the construction of a road on the petitioner's raiyati land without acquisition and compensation is illegal and void.
- Whether the Gram Panchayat had jurisdiction to authorize the road under the Pradhan Mantri Gram Sadak Yojana without following statutory acquisition procedures.
- Whether the petitioner is entitled to compensation and restoration of possession under Article 300A of the Constitution.
Subjects
- rai yati land
- road construction
- Pradhan Mantri Gram Sadak Yojana
- land acquisition
- compensation
- Article 300A
- Article 243G
- illegal construction
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2760 of 2026
======================================================
Devanand Pandey Son of Late Deep Narayan Pandey Resident of Village-
Maksarpur, P.S.- Baypass, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Department of Revenue and Land
Reforms, Government of Bihar, Patna.
2. The District Magistrate, Bhagalpur.
3. The Circle Officer, Jagdishpur, District- Bhagalpur.
4. The Executive Engineer, District Rural Development Authority, Bhagalpur.
5. Panchyat Secretary, Gram Panchyat Baijani, Bhagalpur.
6. Mukhia, Gram Panchyat Baijani, Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nand Gopal Mishra, Advocate
For the Respondent/s : AC to Standing Counsel (18)
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought, inter alia, the following relief(s), which is
reproduced hereinafter:-
“1. That the petitioners in this writ
petition seeks the following reliefs :-
(I) Issuance of an appropriate
writ/order or direction declaring the act of
Respondent of constructing a road up on the raiyati
land of petitioner under Pradhan Mantri Gramin
Sadak Yojna without initiating any process for
acquisition of his land and without paying
compensation to him as illegal, arbitrary without
jurisdiction and void.
(ii) Further for issuance of an
appropriate writ / order/direction commanding the
respondents to restore the possession to land to the
Patna High Court CWJC No.2760 of 2026(2) dt.19-02-2026
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petitioner.
And/Or
(iii) In alternative an appropriate writ
/ order or direction commanding the respondents to
make payment of compensation determined under
the proviso of law from the date of dispossession
till the date of payment of compensation amount 40
the petitioner along with interest after proper
Majerment of the acquired area.
(vi)Any other relief/ reliefs to which
the petitioner is found entitled be also granted to
him.”
3. Learned counsel appearing on behalf of the
petitioner, being mindful of the mandate of Article 243G of the
Constitution of India, submitted that pursuant to a resolution of
the Gram Panchayat with respect to subjects enumerated in the
Eleventh Schedule of the Constitution of India, steps were taken
for construction of a road under the Pradhan Mantri Gram Sadak
Yojana. Learned counsel submitted that the petitioner’s land
appertaining to Mouja Maksarpur, Khata no. 42, khesra No. 75,
Area 0.46 Decimals, Mauja Phulbaria Khata No. 74, Khesra no.
246, Area 612 Decimals, khata no. 147 khesra No. 247 Area-
1.20½ decimals, Total Area of 2-8 (Two Acres eighty eight
decimals) illegally, without his consent, has been acquired for
construction of the village road. The Gram Panchayat failed to
take into consideration the letter issued by the Principal
Secretary, Revenue and Land Reforms Department, Government
of Bihar, contained in Memo No. 3578 dated 17.06.2013. He
also referred to the relevant constitutional provisions and
Patna High Court CWJC No.2760 of 2026(2) dt.19-02-2026
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pointed out that this Court has passed a detailed order in CWJC
No. 14927 of 2021 on the similar issue. He further submitted
that construction of the road over the petitioner’s raiyati land,
having been carried out without his consent, is illegal and liable
to be removed in terms of the conditions stipulated in Memo
No. 3578 dated 17.06.2013. The petitioner seeks liberty to file a
detailed representation before the District Magistrate-cum-
Collector, Bhagalpur, for appropriate and immediate action for
removal of the road constructed over his raiyati land to protect
his right as contained in Article 300A of the Constitution of
India.
4. Considering the aforesaid submissions, the present
writ petition stands disposed of with a direction to the District
Magistrate-cum-Collector, Bhagalpur, to ensure removal of the
illegal construction of road over the land identified by the
petitioner by complying with the instruction contained in Memo
No. 3578 dated 17.06.2013 without delay.
5. Timely action by the executive for protecting right
of a citizen is the duty of executive by correcting their action.
Accordingly, the present application stands disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U
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