Patna High Court
Highway Heaven Family RestaurantversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the petitioners should approach the Sub‑Divisional Officer, Sonepur, who must hear all parties and pass a reasoned order, without entertaining the writ reliefs at this stage.
Summary
The petitioners, Highway Heaven Family Restaurant and its proprietor Atul Kumar Ranjan, filed a writ petition seeking to quash a notice dated 23-12-2025 issued by the Project Director of NHAI, Chhapra, which alleged unauthorized occupation of land and demanded a show‑cause response. They also sought a direction for the respondent (Project Director) to provide an access road to their hotel and challenged the respondents' actions as harsh and without due explanation. The State counsel argued that the notice was valid and that any further dispute should be resolved by the Sub‑Divisional Officer (SDO) of Sonepur, Saran. The Court, after hearing both sides, disposed of the petition by directing the petitioners to appear before the SDO, who must hear all parties, including NHAI officials, and pass a reasoned order. No substantive merits of the notice or access‑road claim were decided by the Court.
Issues considered
- Whether the notice issued by the NHAI Project Director alleging unauthorized occupation can be quashed.
- Whether the petitioners are entitled to a writ directing the respondent to provide an access road to their hotel.
- Whether the respondents' actions constitute a harsh measure without prior explanation or hearing.
Subjects
- National Highway Authority of India
- access road
- quash notice
- civil writ jurisdiction
- public tranquility
- NHAI
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6105 of 2026
======================================================
1. Highway Heaven Family Restaurant through its proprietor Atul Kumar
Ranjan
2. Atul Kumar Ranjan S/o Ratan Kishore, resident of Village- Near St. Xaviers
College, Digha Bagicha, Digha Ghat, P.O.- Digha Gatt., P.S. Digha, District-
Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Collector, Saran at Chhapra
2. The District Magistrate -Cum- Collector, Saran at Chhapra.
3. The Sub-Divisional Officer, Sone Pur, District- Saran (Chhapra).
4. The Station House Officer, Sone Pur, District- Chhapra.
5. The Central General Manager -Cum- Regional Officer, Bihar National High
Way Authority of India, Regional Office Patna.
6. The Project Director, P.I.U., Chhapra, District- Saran at Chhapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Narain Yadav, Advocate
: Mr. Ranjit Kumar Yadav, Advocate
For the State : Mr. Government Pleader (22)
: Mr. K.K. Singh, AC to GP-22
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 05-05-2026 Heard Mr. Suraj Narain Yadav, learned counsel for
the petitioners and learned State counsel.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of appropriate direction to
quash the letter notice dated 23.12.2025 issued
under Signature of Project Director, NHAI, PIU-
Chhapra, by which the petitioners have been
Patna High Court CWJC No.6105 of 2026(2) dt.05-05-2026
2/3
asked to show cause why on authorized
occupation 80 sqm situated at K.M. 198 to 270
(RHS) of N. H. No. 31 as unauthorized
occupation.
(ii) for issuance of an appropriate
writ, direction to the respondent no.6 to provide
access road to the petitioners' hotel at the NHAI
31 as cited in (i) of para-1.
(iii) for issuance of an appropriate
writ, direction that the action of respondents by
which access way constructed by petitioner to
approach his Hotel without any disturbance in
public tranquility is nothing but a harsh action
without receiving the explanation and without
deciding it.”
3. After some argument, learned counsel for the
petitioners submit that they shall be approaching the Sub-
Divisional Officer, Sonepur, Saran pursuant to the notice no.266
dated 18.02.2026 alongwith all the supporting document to
convince the said office.
4. Learned State counsel submits that the notice has
been issued, if the petitioner approaches the Sub-Divisional
Patna High Court CWJC No.6105 of 2026(2) dt.05-05-2026
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Officer, Sonepur, Saran, the matter shall be taken to its logical
conclusion.
5. In that background, the writ petition is disposed of
allowing the petitioners to appear before the Sub-Divisional
Officer, Sonepur, Saran and he/she shall be hearing all the
parties and is duty bound to pass a reasoned order.
6. Needless to add, the Sub-Divisional Officer,
Sonepur, Saran will also be hearing beside the petitioners, State
respondents, the officials of the National Highway Authority of
India before taking the decision.
(Rajiv Roy, J)
vinayak/-
U
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