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Patna High Court

Sanjay Sah @ Sanjay SoniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition was dismissed, with the petitioner directed to file a fresh application before the Deputy Development Commissioner for consideration of the grievances.

Summary

The petitioner, Sanjay Sah, filed a writ petition seeking the removal of a permanent entry gate constructed on his raiyati land at Village Karmshila and compensation for damage caused by the alleged illegal construction funded by the government through the Gram Panchayat Mukhiya. The petition alleged that the gate and storage of materials were erected without his consent and violated his property rights. The High Court examined the reliefs claimed but did not adjudicate the merits of the construction or compensation claims. Instead, the Court dismissed the writ and directed the petitioner to file a fresh application with supporting documents before the Deputy Development Commissioner, Gopalganj, outlining all grievances. The Deputy Development Commissioner was ordered to consider the grievances in accordance with law and issue a positive order within three weeks.

Issues considered

  • Whether the construction of a permanent entry gate on the petitioner's raiyati land by the government constitutes an illegal encroachment warranting removal.
  • Whether the petitioner is entitled to compensation for damage caused by the alleged illegal construction and storage of materials.
  • Whether the writ petition is maintainable in its present form or should be refiled before the appropriate administrative authority.

Subjects

  • rai yati land
  • illegal construction
  • compensation
  • public authority
  • writ jurisdiction
  • entry gate
  • land encroachment
  • administrative remedy

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No. 7673 of 2026
                 ======================================================
                 Sanjay Sah @ Sanjay Soni Son of Kameshwar Prasad, Resident of Village-
                 Hamidpur, P.S.- Baikunthpur, District - Gopalganj.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Collector, Gopalganj, District Gopalganj.
           2.    The Deputy Development Commissioner, Gopalganj, District- Gopalganj.
           3.    The Sub-Divisional Officer, Gopalganj Sadar, District- Gopalganj.
           4.    The Circle Officer, Baikunthpur, District - Gopalganj.
           5.    The Block Panchayat Raj Officer, Baikunthpur, District- Gopalganj.
           6.    The Mukhiya of Gram Panchayat Raj Bakhari, P.S.- Baikunthpur, District-
                 Gopalganj.
           7.    Kanchan Devi, Wife of Late Surendra Prasad, Resident of Village-
                 Jagdishpur, P.O.-Paharpur, P.S.- Baikunthpur, District - Gopalganj.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Uday Pratap Singh, Advocate
                 For the State           :      Mr. Nwtan Sahay, AC to AAG 12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
                                       ORAL ORDER

2   23-06-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                 2. The present writ application has been filed for the

                   following relief(s) ;

                                        “(i) Remove the structure of a permanent entry

                            gate being constructed on the raiyati land of the petitioner

                            at Village Karmshila Paharpur, Khata No. 185, Survey

                            Plot No. 30, Area 00-01-10 (total area 5.60 decimals),

                            Jamabandi No. 1161, from Government funds executed

                            through the Mukhiya of the Gram Panchayat.
             Patna High Court CWJC No. 7673 of 2026(2) dt.23-06-2026
                                                         2/2




                               (ii) Provide adequate compensation for the damage

                               caused due to such illegal construction and storage of

                               materials in the field of the petitioner.”

                                    3. The application is disposed off with liberty to the

                       petitioner to file a fresh application along with supporting

                       documents before the respondent no. 2 Deputy Development

                       Commissioner, Gopalganj raising all the grievances which has

                       been raised in this present writ application.

                                    4.     The     Deputy       Development   Commissioner,

                       Gopalganj is directed to consider the grievances so raised by the

                       petitioner        in accordance with law and pass a positive and

                       affirmative order within three weeks thereafter.



                                                 (Rana Vikram Singh, J)
shivangi/-

U


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