Created by Fuzzy Cloud

Patna High Court

Most. Urmila DeviversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The petition is dismissed as withdrawn.

Summary

The petition was filed by Urmila Devi seeking a writ directing the State of Bihar and its officials to vacate a private residential plot on which a road had been constructed without her consent or any legal acquisition. She also asked for action against the respondents for the alleged illegal construction and for compliance with a representation she had filed on 16‑06‑2025. After hearing, the petitioner’s counsel requested to withdraw the petition. The court accepted the withdrawal and dismissed the writ petition. No substantive adjudication on the merits of the land‑acquisition claim was made.

Issues considered

  • Whether the writ petition seeking vacation of the road constructed on private land can be entertained.
  • Whether the construction of a road without consent or acquisition of private land is illegal under applicable law.

Subjects

  • land acquisition
  • road construction
  • writ petition
  • withdrawal
  • illegal occupation
  • property rights
  • public works

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.764 of 2026
                 ======================================================
                 Most. Urmila Devi Wife of Late Prahlad Singh, Resident of Village- Harail,
                 P.S.- Mohiuddin Nagar, Distt- Samastipur.

                                                                         ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Secretary, Road Construction Department,
                 Govt. of Bihar, Patna.
           2.    The Secretary, Road Construction Department, Govt. of Bihar, Patna.
           3.    The District Magistrate, Samastipur.
           4.    The Sub Divisional Officer, Sahpur Patori, Samastipur.
           5.    Circle Officer, Mohiuddin Nagar, Samastipur.
           6.    Mukhiya, Gram Panchayat Raj, Harail, under Block- Mohiuddin Nagar,
                 District- Samastipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :          Mr.Jyoti Ranjan Jha, Advocate
                 For the Respondent/s   :          Mr.Rajeshwar Singh, G.A.-10
                                                   Mr. Jitendra Kumar, AC to GA-10
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   23-03-2026                  Heard the parties.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for commanding and directing the

                                            Respondents       to    vacate     private     land

                                            (residential) of petitioner, over which road

                                            has been constructed by the Respondents,

                                            without her consent as well as without any

                                            acquisition of her private land;

                                            (ii)   for,    taking     action     against    the
         Patna High Court CWJC No.764 of 2026(3) dt.23-03-2026
                                                     2/2




                                           Respondents for their illegal act, i.e.

                                           construction of road on private land, without

                                           consent of land owner as well as without its

                                           acquisition in accordance with law;

                                           (iii) for directing the respondents, to take

                                           proper      legal     action   in   the   light   of

                                           representation dt. 16.6.2025, filed by the

                                           Petitioner, before        the Respondents         for

                                           redressal of her grievance;

                                           (iv) for any other relief (s) for which,

                                           Petitioner is found entitled in the eye of law.

                                3. After some argument, learned counsel for the

                   petitioner submits that he may be permitted to withdraw the

                   petition.

                               4. Accordingly, the writ petition is dismissed as

                   withdrawn.



                                                 (Rajiv Roy, J)
Ravi/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.