Patna High Court
Premchand YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the writ petition must be dismissed and the petitioners directed to file fresh individual petitions with supporting documents, after which the Collector is duty bound to take the matter to its logical conclusion.
Summary
A group of villagers from Karma Masud filed a writ petition seeking an order restraining the State of Bihar and its officials from excavating a third canal that would pass through their lands, asserting that the lands are residential and commercial and should attract appropriate compensation. The petitioners argued that the respondents should be restrained from proceeding with the excavation and that compensation should reflect the higher value of such lands. The State counsel contended that any petition must be accompanied by relevant documents and, if filed, should be taken to its logical conclusion. The Court examined whether the petition, as filed, was sufficient to grant the relief sought. It concluded that the petitioners must file fresh individual petitions, attaching the Court’s order and necessary documents, and directed the Collector to act on those petitions promptly. Consequently, the writ petition was disposed of.
Issues considered
- Whether the Court can issue a writ restraining canal excavation without the petitioners filing detailed supporting documents.
- Whether the petitioners must approach the Collector individually with a fresh petition for redress.
Subjects
- writ jurisdiction
- canal excavation
- land acquisition
- compensation
- residential land
- commercial land
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3535 of 2026
======================================================
1. Premchand Yadav S/o Atvar Yadav, Resident of village- Karma Masud, P.S.
- Rafiganj, District- Aurangabad.
2. Nageshwar Yadav, S/o Sita Yadav, Resident of village- Karma Masud, P.S. -
Rafiganj, District- Aurangabad.
3. Kamlesh Yadav, S/o Hira Yadav, Resident of village- Karma Masud, P.S. -
Rafiganj, District- Aurangabad.
4. Moti Yadav, S/o Late Damadi Yadav, Resident of village- Karma Masud,
P.S. - Rafiganj, District- Aurangabad.
5. Rakesh Kumar, S/o Late Kameshwar Yadav, Resident of village- Karma
Masud, P.S. - Rafiganj, District- Aurangabad.
6. Chandradev Yadav, S/o Late Dukhit Yadav, Resident of village- Karma
Masud, P.S. - Rafiganj, District- Aurangabad.
7. Jagdish Prasad, S/o Late Ramdayal Sahu, Resident of village- Karma
Masud, P.S. - Rafiganj, District- Aurangabad.
8. Bhikar Yadav S/o Mutar Yadav, Resident of village- Karma Masud, P.S. -
Rafiganj, District- Aurangabad.
9. Rakshya Yadav, S/o Late Sonu Yadav, Resident of village- Karma Masud,
P.S. - Rafiganj, District- Aurangabad.
10. Rajnandan Prasad @ Rajnandan Yadav, S/o Late Baudh Yadav, Resident of
village- Karma Masud, P.S. - Rafiganj, District- Aurangabad.
12. Badhu Yadav S/o Late Jagdeo Yadav, resident of village-Karma Masud, P.S.-
Rafiganj, District- Aurangabad.
13. Shekh Saiyad, Imam S/o Md. Khaleed, R/o village- Ahmadpur, P.S.-
Rafiganj, District- Aurangabad.
14. Md. Akhtar, S/o Md. Muslim Miyan, R/o village- Rajanagar Road
Ahmadpur, P.S. - Rafiganj, District- Aurangabad.
15. Bablu Kumar Yadav, S/o Vijay Yadav, resident of village- Karma Masud,
P.S.-Rafiganj, District- Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Water
Resources, Patna.
2. The District Magistrate cum-Collector, Aurangabad.
3. The District Land Acquisition Officer, Aurangabad.
4. The Circle Officer, Rafiganj, Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Advocate
For the Respondent/s : Mr. K.P. Gupta, GP-10
: Mr. Satya Vrat, AC to GP-10
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
Patna High Court CWJC No.3535 of 2026(2) dt.17-03-2026
2/3
ORAL ORDER
2 17-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“for issuance of an appropriate
writ/writs directing the respondents restraining
them from excavating the third canal originating
from village Chaubara crossing through the lands
and the village Ahmadpur, Karma Masud, Hajipur
Gulab Bigha, this writ is further directed for
directing the respondents that the lands through
which the canal will cross, are residential and
commercial lands and hence it is desirable and
justifiable that the compensation of the land be
given having the value of commercial and
residential lands.”
3. After some argument, learned counsel for the
petitioners submit that they shall be approaching the respondent
no. 2, the Collector, Aurangabad individually for the redressal of
the grievance.
4. Learned State counsel submits that if any petition
is/are filed alongwith relevant document, it shall be taken to its
logical conclusion.
Patna High Court CWJC No.3535 of 2026(2) dt.17-03-2026
3/3
5. Accepting the words of the learned State counsel and
with a direction to the petitioners to file a fresh petition,
individually, alongwith the order of this Court and the necessary
documents in support of their case in next four weeks and
respondent no. 2, the Collector, Aurangabad is duty bound to take
the matter to its logical conclusion at an earliest, the writ petition
stands disposed.
(Rajiv Roy, J)
Adnan/-
U
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