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Patna High Court

Devanand PandeyversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




                                          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
                                                       3/3




                     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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