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Patna High Court

Ashok SahaniversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed, directing the petitioner to approach the Collector, Begusarai, for a hearing and appropriate order.

Summary

Ashok Sahani filed a writ petition seeking an order restraining the State of Bihar and its officials from acquiring his land, alleging that the acquisition under the Bihar Land Acquisition Act, 1894 was not preceded by a proper hearing. The petitioner claimed he was not given a chance to be heard before the revenue authorities cleared a public road that encroached on his property. The State contended that notices were issued and the petitioner failed to cooperate with the proceedings. The Court observed that the appropriate remedy for the petitioner is to approach the Collector of Begusarai for a hearing and appropriate order, rather than seeking relief through this writ petition. Consequently, the petition was disposed, directing the petitioner to pursue his grievance before the concerned revenue authority, with the option of approaching a civil court if dissatisfied.

Issues considered

  • What is the validity of the land acquisition under the Bihar Land Acquisition Act, 1894 in the absence of a hearing to the petitioner?
  • Whether the petitioner is entitled to relief by this writ petition or must approach the revenue authority for a hearing?

Subjects

  • land acquisition
  • due process
  • Bihar Land Acquisition Act
  • public road encroachment
  • writ jurisdiction
  • civil remedy

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.3237 of 2015
                 ======================================================
                 Ashok Sahani Son of Late Ramdeo Sahani, resident of village- Bara, Anchal
                 Khodawandpur, District- Begusarai

                                                                             ... ... Petitioner/s
                                                      Versus
           1.    The State Of Bihar
           2.    The District Magistrate, Begusarai
           3.    The Deputy Collector, Land Reforms, Begusarai
           4.    The Circle officer, Khodawandpur, Begusarai
           5.    Anchal Amin, Circle Office, Khodawandpur, Begusarai
           6.    The Mukhiya Gram Panchayat Bara, Khodawandpur, District- Begusarai

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md. Nazir Ansari, Advocate
                 For the State            :      Ms. Sushmita Sharma, AC to SC-9
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   02-02-2026                      Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                 “for issuance of an appropriate writ or

                                        order or direction commanding the respondents

                                        not to acquire the land in question and restore

                                        the possession of the petitioner’s house since

                                        there is no valid proceeding under the Bihar

                                        Land Acquisition Act 1894.”

                                 3. The documents on record show that a public road

                   was encroached, got cleared. This happened after the
            Patna High Court CWJC No.3237 of 2015(4) dt.02-02-2026
                                                        2/2




                      measurement of the area and putting amongst other the

                      petitioner on notice as reflect from different annexures.

                                  4. Learned counsel for the petitioner submits that he

                      was not properly heard by the Revenue Authorities before

                      taking a decision.

                                  5. Learned State counsel on the other hand with the

                      help of counter affidavit shows that request/notices were issued

                      but the petitioner chose not to cooperate in the said proceeding

                      which followed the decision/clearance of the ‘Aam Rasta’.

                                  6. Learned counsel for the petitioner submits that it

                      will suffice if his fresh petition is looked into by the Collector,

                      Begusarai (respondent no.2).

                                  7. Learned State counsel has no objection.

                                  8. In that background, the writ petition is disposed of

                      allowing the petitioner to approach the concerned respondent,

                      who shall be noticing/hearing the parties and shall be passing an

                      appropriate order.

                                  9. Needless to add, if the petitioner is still aggrieved,

                      the remedy lies before a competent Civil Court.



                                                    (Rajiv Roy, J)
vinayak/-

U


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