Patna High Court
The Radhasoami Satsang Sabha, Dayalbagh, AgraversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The court allowed the petitioner to withdraw the writ petition and disposed of the case without adjudicating the merits.
Summary
The Radhasoami Satsang Sabha filed a writ petition seeking a mandamus directing the State of Bihar and several officials not to construct a 1.8‑km road that would encroach on its raiyati‑purchased lands and a pyne canal used for irrigation in Murar, Buxar. The petitioner claimed the road would fill up the canal, disrupt irrigation, and infringe on its land rights, noting that the Executive Engineer had objected. The High Court heard the matter on 3 February 2026. During the hearing the petitioner informed the court that the land acquisition process had been halted and requested to withdraw the petition, reserving the right to file a fresh suit if necessary. The court granted liberty to withdraw, allowed the withdrawal, and disposed of the writ petition without deciding the substantive issues.
Issues considered
- Whether the court can issue a mandamus directing the State and its officials to refrain from constructing a road that encroaches on raiyati‑purchased land and an irrigation canal.
- Whether the proposed road construction violates the petitioner’s rights over the raiyati land and the irrigation facility.
Subjects
- writ petition
- mandamus
- land encroachment
- rai yati land
- road construction
- irrigation canal
- withdrawal of petition
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5978 of 2019
======================================================
The Radhasoami Satsang Sabha, Dayalbagh, Agra a Socitey Registered Under
Societies Registration Act XXI of 1860 through Swami Prasad Mathur(Male),
aged about 79 years, S/o Late Agam Prasad Mathur, Joint Secretary,
Radhasoami Satsang Sabha, Dayalbagh, Agra, Uttar Pradesh. Presently
residing at 3 Adan Bagh Extension, Dayalbagh, Agra- 282005, Uttar Pradesh.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Old
Secretariat, Patna.
2. The Chief Secretary, Govt. of Bihar, Old Secretariat, Patna.
3. The District Magistrate, Buxar.
4. The Executive Engineer, Sone Canal Division, Bikgramganj, District-
Buxar.
5. The Executive Engineer, Rural Works Department, Work Division, Dumrao,
Dist.- Buxar.
6. The Circle Officer, Chaugai, District- Buxar.
7. The Superintendent of Police, Buxar.
8. The Station House Officer, Murar Police Station, Murar, District- Buxar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jai Vardhan Narayan, Advocate
For the Respondent/s : Mr.Anjani Kumar, AAG-4
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 03-02-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of directions/ writs in the
nature of mandamus directing the
respondents not to construct 1.8 kilometer
long road from Koransarai Chaugai Path to
Patna High Court CWJC No.5978 of 2019(3) dt.03-02-2026
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Bali Ka Dera by encroaching the land of the
petitioner bearing Khata No. 238, Khasra
No. 1389, 1390, 1391 & 1392, area 15.80
decimals, situated at Village Murar, P.O.P.S.
Murar, District Buxar as well as Khata No.
485, Khasra No. 2722, area 10 decimal,
situated at Village Murar, P.O, + P.S. Murar,
District- Buxar which are the raiyati
purchased lands of the petitioner, which
have been involved in the aforesaid
construction of the road and just by the side
of the petitioner's land Pyne Canal channel
is situated and it is prohibited to construct
road by filling up pyne karaha which is
prevalent for irrigation work of the village
and at no cost, the said irrigation facility
can be stopped said construction had also
been objected by the Executive Engineer,
Sone Canal Division, Bikramganj, Rohtas;
(ii) for any other relief/ reliefs for which the
petitioner may be deemed entitled to.
3. It has been informed by the learned counsel for the
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petitioner that now the process to acquire the raiyati land of the
petitioner has stopped and as such in the present scenario he is
withdrawing the petition with liberty to challenge afresh, if
situation so warrant.
6. Granting said liberty, the prayer for withdrawal of
the petition is allowed.
7. The writ petition is disposed of.
(Rajiv Roy, J)
Ravi/-
U
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