Patna High Court
Ashok SahaniversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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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