Patna High Court
Janardan SharmaversusThe Union of India
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition was not entertained for relief; instead, the court directed the petitioner to file a fresh petition before the General Manager, Eastern Railway, and ordered the respondent to resolve the matter thereafter.
Summary
Janardan Sharma, claiming ownership of Raiyti/Purchased land in Lakhisarai, filed a writ petition seeking to restrain the Union of India and Eastern Railway from constructing a railway under‑pass over his land without compensation. He also asked the court to direct the respondents to acquire the land under the Land Acquisition Act and pay compensation. The Union of India contended that the petition lacked supporting documents, while the petitioner argued that a fresh petition before the General Manager of Eastern Railway should be allowed to proceed. The court found the petition untenable in its present form and, without granting the writs, directed the petitioner to approach the appropriate railway authority within four weeks and file a fresh petition, after which the respondent must take the matter to its logical conclusion. The petition was therefore disposed of, with a procedural direction rather than substantive relief.
Issues considered
- Whether the railway can construct an under‑pass over the petitioner's land without acquiring it and paying compensation.
- Whether the petitioner is entitled to a writ restraining construction and ordering acquisition under the Land Acquisition Act.
- Whether the writ petition is maintainable in the absence of supporting documents.
Legislation cited
Subjects
- land acquisition
- railway underpass
- writ petition
- compensation
- property rights
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.780 of 2026
======================================================
Janardan Sharma Son of Late Yaddu Sharma, Resident of Village- Ghoghi,
P.S.- Piribazar, Block- Suryagarha, District- Lakhisarai.
... ... Petitioner/s
Versus
1. The Union of India through the General Manager, Eastern Railway, Kolkata.
2. The D.R.M. Eastern Railway, D.R.M. Office, Malda, West Bengal.
3. The State of Bihar Through, Principal Secretary, Land and Revenue
Department Bihar, Patna.
4. The District Magistrate, Lakhsarai.
5. The Sub-Divisional Officer, Lakhisarai Sadar, Districjt- Lakhisarai.
6. The Superintendent of Police, Lakhisarai.
7. The Circle Officer, Suryagarha Anchal, District- Lakhisarai.
8. The S.H.O., Piri Bazar, Police Station, Lakhisarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mayank Bilochan, Advocate
For the Respondent/s : Mrs. Nutan Sahay, AC to AAG-12
For the UOI : Mr. Sanjay Kumar Bharti, CGC
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 22-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“(i) for issuance of an appropriate writ
commanding the respondents not to construct the
Railway under pass, over the land of the petitioner
which is Raiyti/Purchased land of the petitioner.
(ii) For issuance of an appropriate writ
restraining the respondents not to make any
Patna High Court CWJC No.780 of 2026(2) dt.22-01-2026
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interference in the peaceful possession of the
petitioner.
(iii) For issuance of an appropriate writ
commanding the respondent to first acquire the
land under the provision of land acquisition act
and pay the compensation or vacate the land of the
petitioner.
(iv) For any other relief or reliefs for
which petitioner is entitled.”
3. Learned counsel for the petitioner submits that the
land belongs to him but the Railways without compensation,
have decided to use the said land for the construction of
Railway Under Pass.
4. Learned counsel representing the Union of India
submits that the writ petition is bereft of supporting documents.
5. Learned counsel for the petitioner submits that it
will suffice if the fresh petition preferred before the General
Manager, Eastern Railways, Kolkata (respondent no. 1) is taken
to its logical conclusion.
6. Learned counsel representing the Union of India
has no objection to it.
7. In that background, the writ petition stands
Patna High Court CWJC No.780 of 2026(2) dt.22-01-2026
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disposed of allowing the petitioner to approach the concerned
respondent in next four weeks. If such fresh petition is preferred
in next four weeks, the concerned respondent is directed to take
the matter to its logical conclusion at an earliest.
(Rajiv Roy, J)
Adnan/-
U
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