Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The court directed the Managing Director of the Bihar State Road Development Corporation to remove the access soil from the petitioner's land within three months.
Summary
The petitioner, Anil Kumar, sought a writ directing the Managing Director of the Bihar State Road Development Corporation to remove access soil that had been placed on his unacquired land for several years, rendering it unusable. After approaching the Sub‑Divisional Officer and the Collector‑cum‑Second Appellate Authority without relief, the District Magistrate‑cum‑Collector ordered the respondent to arrange for removal, which was not complied with. Both the State and the respondent assured removal within three months. The High Court, after hearing counsel, held that a direction to the Managing Director to remove the soil within three months would adequately address the grievance. The Court ordered the District Magistrate‑cum‑Collector to ensure compliance and disposed of the writ application accordingly.
Issues considered
- Whether the Managing Director of the Bihar State Road Development Corporation can be directed to remove access soil placed on the petitioner's unacquired land.
- Whether the court may impose a specific time‑frame for such removal.
Subjects
- land acquisition
- access soil
- writ jurisdiction
- road development corporation
- district magistrate
- removal order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8085 of 2026
======================================================
Anil Kumar, Son of Late Madan Mohan Singh, Resident of village Repura
Sirsa, Anchal Meshkaur, P.O. Baijnathpur, P.S Sitamadhi, District Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Road Construction Department,
Government of Bihar, Patna.
2. Development Commissioner Cum Chairman, Bihar State Road Development
Corporation Ltd., Government of Bihar, Patna.
3. Managing Director, Bihar State Road Development Corporation Ltd.,
Government of Bihar, Patna.
4. The District Magistrate, Nawada.
5. The District Land Acquisition Officer, Nawada.
6. The Sub Divisional Magistrate, Rajauli, Nawada.
7. The Circle Officer, Meskor, Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate
For the State : Mr. Nadim Seraz, G.P. - 05
Ms. Shalini, A.C. to G.P.- 05
For the Respondent no. 3 : Mr. P. K. Shahi, Sr. Advocate
Mr. Manish Dhari Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL ORDER
2 02-07-2026 Heard learned counsel for the petitioner as well as
learned A.C. to G.P.-05 for State and Mr. P. K. Shahi, learned
Senior Counsel appearing on behalf of the respondent no. 3 duly
assisted by Mr. Manish Dhari Singh, learned Advocate.
2. At the very outset, learned counsel for the petitioner
restricts his prayer only to the extent of directing the respondent
no. 3 to remove the access soil which has been put on the
unacquired land of the petitioner for the past several years since
Patna High Court CWJC No.8085 of 2026(2) dt.02-07-2026
2/3
2018-19 thereby rendering the said piece of land unworthy of
use for any other purposes which is otherwise very valuable
commercially.
3. Raising his grievances, petitioner has approached
the Sub-Divisional Officer, Rajauli, Nawada and when he did
not get relief from there, then he filed the second appeal before
the Collector-cum-Second Appellate authority, Nawada with the
aforesaid grievance.
4. Having heard the parties, District Magistrate-cum-
Collector vide order dated 27.01.2026 directed the concerned
authorities to take appropriate instructions from the respondent
no. 3 for expeditious removal of the access soil kept on the land
of the petitioner for the past 7-8 years which is causing much
inconvenience to the petitioner as his land has become
practically unworthy of any use. Since 27.01.2026 till date,
respondent no. 3 has not taken any step for removal of the
access soil which has been unnecessarily put on the land of the
petitioner.
5. Learned counsel appearing on behalf of the State
and respondent no. 3 fairly submit that they will take all
possible steps in the right earnest to remove the access soil from
the land of the petitioner as expeditiously as possible, preferably
Patna High Court CWJC No.8085 of 2026(2) dt.02-07-2026
3/3
within three months henceforth.
6. In view of the submissions made on behalf of the
respective parties and having perused the record, this Court is
of considered view that direction to the respondent no. 3 i.e.
Managing Director, Bihar State Road Development Corporation
Ltd., Government of Bihar, Patna would be suffice to ameliorate
the grievances of the petitioner for removal of access soil from
the land of the petitioner within a period of three months
henceforth.
7. It is expected that the District Magistrate-cum-
Collector, Nawada will ensure the compliance of this order
without any further delay within the stipulated time as directed
hereinabove.
8. Accordingly, this writ application is disposed off in
the aforesaid terms.
9. Interlocutory application(s), if any, also stands
disposed off accordingly.
(Rana Vikram Singh, J)
Saurabh.kr/
Prakash-
U
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