Patna High Court
Urmila kunwarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
Holding
The Court directed the Collector to dispose the petitioner's representation within three months and, if ownership is confirmed, to order payment of compensation within two months.
Summary
The petitioner, Urmila Kunwar, claimed ownership of an acre of land from which the Road Construction Department had used 4.27 decimals to build a government road. She alleged that the State authorities constructed the road without following the statutory land acquisition process or paying compensation. The petitioner filed a writ petition seeking a direction for the State to pay compensation and for the Collector to dispose of her pending representation. The State argued that the Collector should be directed to consider the representation in accordance with law. The Court, after hearing both sides, ordered the Collector to decide the representation within three months and, if the petitioner’s ownership is upheld, to direct the authorities to pay compensation within two months. The writ application was consequently disposed with these directions.
Issues considered
- Whether the State constructed a road on the petitioner's land without adhering to the land acquisition procedure, thereby obligating it to pay compensation.
- Whether the Collector should be directed to dispose the petitioner's representation and, upon confirming ownership, order payment of compensation.
Subjects
- land acquisition
- compensation
- road construction
- government authority
- property rights
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7557 of 2025
======================================================
Urmila kunwar W/o Late Shiv Pujan Singh Resident of Village-Akhalashpur,
Post-Office-Akhalashpur, Thana-Bhabhua, District-Kaimur (Bhabhua), Pin
Code-821101.
... ... Petitioner/s
Versus
1. The State of Bihar through Revenue Secretary, Patna, Bihar.
2. The Collector Kaimur at Bhabhua
3. The Land Acquisition Officer Kaimur at Bhabhua
4. The Executive Engineer Road Construction Dpartment, Path Pramandal
Bhabhua, District-Kaimur at Bhabhua.
5. The Anchal Adhikari Bhabhua, Kaimur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nityanand Mishra, Adv.
: Mr. Satya Prakash, Adv.
For the Respondent/s : Mr. Standing Counsel (25)
: Mr. Rampravesh Nath Tiwari, Ac to Sc25
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 10-02-2026 1. The petitioner has filed the present writ application
for a direction to respondent/authorities to pay compensation to
the petitioner on the ground that the Respondent/State has
constructed a road upon the raiyati/purchased land of the
petitioner.
2. Learned counsel for the petitioner submits that
petitioner is the owner of the piece of land situated at Khata No.
1092, RS Plot No. 461 and 460, measuring an area of one acre,
in which Road Construction Department has used 2.20 decimals
from Plot No. 461 and 2.07 decimals of land from Plot No. 460.
Patna High Court CWJC No.7557 of 2025(2) dt.10-02-2026
2/3
The total area of the land used by the State/Authority is 4.27
decimals.
3. It has further been submitted that
respondent/authorities, without adopting the procedure of land
acquisition and without paying compensation to the petitioner,
have forcibly constructed the road upon the raiyati/purchased
land of the petitioner.
4. Learned counsel further submits that a
representation has been filed by Annexure P-5 series before the
Collector, Kaimur, Bhabua and Land Acquisition Officer,
Kaimur, Bhabua, and the same is still pending.
5. Learned counsel for the State submits that the
Collector may be directed to dispose the representation of the
petitioner in accordance with law.
6. Considering the submissions made by the parties
and the nature of prayer made in the writ application, the writ
application is disposed with direction to the Collector to dispose
the representation of the petitioner in accordance with law
within a period of three months. If the Collector finds that the
petitioner is the rightful owner of the land and on his land the
State/Authorities have constructed government road, then he
shall direct the concerned authorities to pay compensation as per
Patna High Court CWJC No.7557 of 2025(2) dt.10-02-2026
3/3
law to the petitioner within a period of two months from the
date of disposal of representation by him.
7. With the aforesaid direction and observation, the
present writ application is disposed.
(Anil Kumar Sinha, J)
harshpandey/-
U
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