Patna High Court
Ramniwas SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed of, directing the Collector, Lakhisarai to act on his own letter dated 26‑12‑2023 and take appropriate steps if the petitioners' grievance is genuine.
Summary
The petitioners, four brothers, alleged that various state authorities were constructing a P.W.D. road over their land in Mauza Aliwali, Lakhisarai, without initiating any land acquisition proceedings or providing statutory compensation. They sought an injunction restraining the construction, release of their land, and other reliefs. The petitioners highlighted that a letter dated 26‑12‑2023 from the Collector, Lakhisarai, directing the Executive Engineer and Circle Officer to report on the matter had been ignored. The Court noted the Collector’s direction and, rather than keep the writ pending, ordered the Collector to act on his own letter and resolve the grievance in accordance with law. The Court disposed of the writ petition, leaving it to the Collector to take appropriate steps if the petitioners’ grievance is found genuine.
Issues considered
- Whether construction of a public road over private land without land acquisition and compensation violates statutory provisions.
- Whether an injunction restraining the respondents from proceeding with the road construction should be granted.
- Whether the Collector’s directive dated 26‑12‑2023 must be enforced to resolve the dispute.
Subjects
- land acquisition
- compensation
- public works department
- road construction
- injunction
- writ petition
- due process
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3550 of 2026
======================================================
1. Ramniwas Sharma Son of Late Ramswarup Sharma @ Ramswarup Singh
resident of village and Post Office- Ramchandrapur, Police Station -
Pipariya, District- Lakhisarai.
2. Ram Shobha Sharma, Son of Late Ramswarup Sharma @ Ramswarup Singh
resident of village and Post Office- Ramchandrapur, Police Station -
Pipariya, District- Lakhisarai.
3. Gorelal Singh, Son of Late Ramswarup Sharma @ Ramswarup Singh
resident of village and Post Office- Ramchandrapur, Police Station -
Pipariya, District- Lakhisarai.
4. Manoj Sharma, Son of Late Ramswarup Sharma @ Ramswarup Singh
resident of village and Post Office- Ramchandrapur, Police Station -
Pipariya, District- Lakhisarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Road Construction, Department, Govt. of Bihar,
Patna.
3. The District Magistrate, Lakhisarai.
4. The Executive Engineer, Rural Works Department, Work Division,
Sheikhpura.
5. The Executive Engineer, Road Division, Lakhisarai.
6. The District Land Acquisition Officer, Lakhisarai.
7. The Circle Officer, Pipariya, District- Lakhisarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Nibash Prasad, Advocate
For the Respondent/s : Mr. Standing Counsel (25)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 17-03-2026 Heard Mr. Ram Nibash Prasad, learned counsel for
the petitioners and the State.
2. The present petition has been preferred for the
following relief(s):
Patna High Court CWJC No.3550 of 2026(2) dt.17-03-2026
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“I. For issuance of an
writ/order/direction, restraining the Respondents
more particular Respondent No-4, 5 and 7 for
making any construction of P.W.D. Road from
Surjichak to Rahatpur Block Headquater
Mohanpur Via Ramchandrapur, over land of the
petitioners bearing Khata No.106, Khesra No.174
Area-2.28 Decimals and Khesra No.175 Area-1.30
Decimals of land within Mauza Aliwali, Anchal-
Pipariya in the District of Lakhisarai over which
the Respondent No-4, 5 and 7 making forcefully
construction of P.W.D. road without initiation of
land acquisition proceeding and without making
the statutory compensation;
ІІ. For issuance of a writ / writs, order /
orders, direction commanding the Respondents
Authorities to release the land of the petitioners
bearing Khata No.106, Khesra No.174 Area-2.28
Decimals and Khesra No.175 Area-1.30 Decimals
of land within Mauza Aliwali, Anchal-Pipariya in
the District of Lakhisarai in their favour forthwith
and not interfere with the possession of the
Patna High Court CWJC No.3550 of 2026(2) dt.17-03-2026
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petitioners without observing the due process of
law;
III. The petitioners be also granted any
other relief/ reliefs for which the petitioners are
entitled too.”
3. Learned counsel for the petitioner has straightway
taken this Court to the letter no. 4324 dated 26.12.2023 passed
by the Collector, Lakhisarai, is directed to the Executive
Engineer, Road Division, Lakhisarai as also the Circle Officer,
Pipariya and the content shows that the learned Collector
wanted a report in this matter.
4. It is the case of the petitioner that even the direction
of the Collector has not been taken note of by the concerned
respondents.
5. In that background, instead of keeping the case
pending and seeking response from the respondents, it would be
appropriate that the writ petition is disposed of directing the
Collector, Lakhisarai to act on his own letter no. 4324 dated
26.12.2023 and take the matter to its logical conclusion at an
earliest.
6. It is further made clear that if the Collector,
Lakhisarai comes to the conclusion that the grievance of the
Patna High Court CWJC No.3550 of 2026(2) dt.17-03-2026
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petitioners is/are genuine, the further steps, in accordance with
law, has to be taken.
7. The writ petition stands disposed of with aforesaid
observation.
(Rajiv Roy, J)
Adnan/-
U
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