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Patna High Court

Ranjeet Kumar OjhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition was disposed, directing the petitioner to approach the District Magistrate for a representation and verification, without granting the writ of mandamus.

Summary

The petitioner, Ranjeet Kumar Ojha, claimed ownership of 556 acres and 96 decimals of raiyati land in Basarhi Mauza and alleged that the Bihar Rural Development Department constructed a road over his land without his permission or compliance with land acquisition norms. He sought a writ of mandamus directing the respondents to restore possession of the land or pay compensation, and any other appropriate relief. The court observed that the petitioner had not made any formal representation to the authorities regarding his grievance. Consequently, the court directed the petitioner to file a fresh representation before the District Magistrate of Sasaram, who is to verify the facts, measure the land, and pass a reasoned order within three months, including compensation if warranted. The writ application was therefore disposed without granting the relief sought.

Issues considered

  • Whether the petitioner is entitled to restoration of possession or compensation for a road constructed over his raiyati land without following land acquisition procedures.
  • Whether the High Court can issue a writ of mandamus directing the respondents to restore possession or pay compensation, or whether the petitioner must first approach the District Magistrate with a representation.

Subjects

  • rai yati land
  • land acquisition
  • road construction
  • writ of mandamus
  • compensation
  • administrative law
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.772 of 2022
                 ======================================================
                 Ranjeet Kumar Ojha Son of Sri Kaushalpati Ojha Resident of Village-
                 Raghopur, Bihta, P.S.- Bihta, District- Patna (Bihar).

                                                                         ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar thrrough the Principal Secretary, Rural Development,
                 Government of Bihar.
           2.    The District Magistrate, Sasaram, Rohtas.
           3.    The Superintendent of Police, Sasaram, Rohtas.
           4.    The Circle Officer, Nauhatta Block, Sasaram, Rohtas.
           5.    The Station House Officer, Chutia Police Station, Nauhatta, Rohtas.
           6.    The District Land Acquisition Officer, Sasaram, Rohtas.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Sanjay Kumar Ojha, Advocate
                                                Mr. Govind Lal Pandit, Advocate
                                                Mr. Ved Prakash Chandan, Advocate
                 For the Respondent/s    :      Mr. Sanjay Prasad, AC to AAG-4
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

7   10-04-2026                   Heard the learned counsel for the petitioner and the

                   learned AC to AAG-4 for the State

                                 2. The present writ application has been filed seeking

                   following relief:-

                                              (i) For issuance of writ in the nature of
                                    mandamus or any other appropriate writ, order or
                                    direction to respondents to restore and release the
                                    physical possession of the land to the petitioner or to
                                    make payment of compensation of the some illegally
                                    acquired land and constructed road over the land of
                                    the petitioner in Basarhi Mauza without following
                                    any norms of land acquisition act.
Patna High Court CWJC No.772 of 2022(7) dt.10-04-2026
                                            2/3




                                       (ii) For issuance of any other appropriate
                          writ, order or direction for which the petitioner is
                          entitled to.

                        3. Learned counsel for the petitioner submits that the

          petitioner happens to be the owner of the land detailed in

          paragraph ‘3’ of the supplementary counter affidavit filed on

          behalf of the petitioner containing a total area of 556 acres and

          96 decimals. It has further been submitted that a road has been

          constructed over the part of the aforesaid land by the Rural

          Development Department of Bihar, however, there has been no

          permission sought from the petitioner prior to making such

          construction. It has next been submitted that the brother of the

          petitioner had earlier requested the Circle Officer for a certified

          copy of any report wherein such construction has been made,

          however, nothing was provided to the petitioner and without any

          notice the road has been constructed over the raiyati land of the

          petitioner.

                        4. On perusal of the record, this Court finds that there

          is no representation made to any of the authorities on behalf of

          the petitioner with regard to his grievances and therefore, in the

          interest of justice and taking into account the fact that the case

          of the petitioner is that his raiyati land has been utilized for

          constructing a road without his permission and no objection, let
          Patna High Court CWJC No.772 of 2022(7) dt.10-04-2026
                                                      3/3




                    the petitioner approach the learned District Magistrate, Sasaram

                    at Rohtas, respondent no.2 with a fresh representation raising all

                    the grievances with regard to the construction of the road over

                    his raiyati land.

                                5. Learned District Magistrate, Sasaram at Rohtas

                    shall consider his representation along with all the relevant

                    documents submitted on behalf of the petitioner and after

                    getting the spot verification and measurement done in the

                    presence of the parties/authorized persons, shall pass a reasoned

                    and     speaking       order     within       three   months   from   the

                    date/receipt/production of the order.

                                6. The present writ application stands disposed off.

                                7. It goes without saying that if the District

                    Magistrate, Sasaram at Rohtas, finds that the land of the

                    petitioner has been utilized for the construction of the road

                    without his permission, then a suitable compensation shall be

                    paid to the petitioner in accordance with law.



                                             (Sourendra Pandey, J)
manoj/-

U


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