Patna High Court
Amar Kant JhaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
Holding
The writ petition is dismissed as the petitioners' claim is false and they suppressed material facts.
Summary
The petitioners, Amar Kant Jha and Mohan Jha, sought a writ restraining the State of Bihar and its officials from constructing a PCC road under the Mukhyamantri Kshetra Vikas Yojana on land they claimed as their raiyati plots (1209 and 1210). The respondents produced a counter‑affidavit and a joint enquiry report showing that the road alignment actually lies on different plots (1162, 1173‑1177) and that the petitioners' claim had been rejected by the District Public Grievance Redressal Authority. The court noted that the petitioners had deliberately omitted these findings and relied solely on a private amin’s report. Relying on the verified reports and the earlier grievance authority order, the court held that the petitioners' allegations were false and that they were not entitled to equitable relief under Article 226. Consequently, the writ petition was dismissed with a cost of Rs 5,000 imposed on the petitioners.
Issues considered
- Whether the petitioners are entitled to a writ restraining the construction of the PCC road on the alleged raiyati land.
- Whether the measurement report and the petitioners' claim of encroachment are correct.
- Whether the suppression of material facts by the petitioners bars relief under Article 226 of the Constitution.
- Whether the court can grant the relief sought in the writ petition.
Subjects
- PCC road
- Mukhyamantri Kshetra Vikas Yojana
- raiayati land
- public utility
- writ petition
- Article 226
- suppression of material facts
- land measurement report
- government scheme
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8144 of 2026
======================================================
1. Amar Kant Jha Son of Late Pitambar Jha resident of village Kharaj, P.S.-
Kewati, District- Darbhanga.
2. Mohan Jha Son of Late Pitambar Jha resident of village Kharaj, P.S.-Kewati,
District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary/ Principle
Secretary, Planning and Development, Government of Bihar, Patna.
2. That the Principle Secretary, Planning and Development Department,
Government of Bihar, Patna.
3. The District Magistrate, Darbhanga.
4. The Executive Engineer, Local Area Engineering Organization, Darbhanga.
5. The Circle Officer, Kewati, District- Darbhanga, Work Division, Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gauri Shankar Yadav, Advocate
For the Respondent/s : Mr.Standing Counsel (3)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 29-06-2026 Heard Mr.Gauri Shankar Yadav, learned counsel for
the petitioners and the State.
2. The present petition has been preferred for the
following relief/s:
(i) 2. The present petition has been preferred
for the following relief(s):
“i. For issuance of an appropriate
writ/writs, order/orders, direction/directions to the
respondents restraining them to construct the
P.C.C. Road under MKKVY Scheme on the raiyati
land of the petitioners mentioned in para-5 of the
writ petition.
Patna High Court CWJC No.8144 of 2026(3) dt.29-06-2026
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ii. For issuance of an appropriate
writ/writs, order/orders, direction/directions to the
respondents to make enquiry, measurement and
verification of the land recommended for execution
of the Scheme for construction of P.C.C. Road in
the village of Kharaj, Panchayat Sarjapur,
Block/Circle + P.S.-Kewati, District-Darbhanga
from the house of Jay Krishna Jha to the house of
Ram Nandan Yadav.
iii. For issuance of an appropriate writ
setting aside the measurement report dated
21.07.2025 submitted by Anchal Amin (Annexure-
P/4)
iv. For issuance of an appropriate
order/direction to the respondents to construct the
P.C.C. Road on the land recommended for the
same and not on the raiyati/ private land of the
petitioners.
v. For issuance of an appropriate
order/direction to the respondents to stay the
Construction work on the raiyati/Private
land of the petitioners mentioned in para-5
Patna High Court CWJC No.8144 of 2026(3) dt.29-06-2026
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of the writ petition.”.
3. The matter relates to land, description of which has
been recorded in paragraph-05 and read as under:
Mauza Khata No. Plot Nos. Area
Kharaj 148 1209 02 acres 51
decimals
148 1210 01 acre 04
decimals
4. Armed with the measurement report of a private
‘Amin’ engaged by the petitioners, their claim is that the land in
question has been used for the purpose of construction of P.C.C.
road by the respondents.
5. A counter affidavit has come on behalf of the
respondent no. 04, duly signed by the Executive Engineer,
LAEO, Works Division-01, Darbhanga and it is important to
incorporate paragraphs 07 to 17 of the counter affidavit which
read as under:
7. that the present writ petition has
been filed by the petitioners seeking
restraint upon construction of P.C.C.
road under Mukhyamantri Kshetra
Vikas Yojana on the allegation that the
respondents are illegally constructing
the road over the ralyati/private land
Patna High Court CWJC No.8144 of 2026(3) dt.29-06-2026
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of the petitioners bearing Plot Nos.
1209 and 1210, Khata No. 148,
MauzaKharaj, P.S.-Keoti, District-
Darbhanga. The allegations levelled in
the writ petition are wholly
misconceived, factually incorrect and
contrary to the official records, spot
verification reports and subsequent
adjudication made by competent
statutory authorities;
8. that the answering respondent
submits that the scheme in question
pertains to construction of P.C.C. road
from the house of Jai Krishna Jha to
the house of Ramanand Yadav situated
at village Kharaj under Sarjaur
Panchayat, Circle Keoti, District-
Darbhanga under Mukhyamantri
Kshetra Vikas Yojana, The said scheme
was duly sanctioned by the competent
authority after grant of administrative
approval and technical sanction In
Patna High Court CWJC No.8144 of 2026(3) dt.29-06-2026
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accordance with the applicable
Government guideline and procedures.
The sanctioned estimate and approval
documents clearly demonstrate that the
scheme is a public utility work intended
for benefit and convenience of villagers
residing in the locality
9. that prior to commencement of the
work, the competent authorities
conducted survey and identification of
the existing village road/pathway. The
sanctioned road alignment related to
the already existing rural pathway
which had been in public use for
several years. The construction work
merely related to conversion and
strengthening of the already existing
village road into P.C.C. road under the
Government scheme;
10. that the petitioners raised objection
alleging that the road construction was
being carried out over their raiyati
Patna High Court CWJC No.8144 of 2026(3) dt.29-06-2026
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land bearing Plot Nos. 1209 and 1210.
Upon receipt of such objection, the
matter was immediately referred to the
Circle Officer, Keoti and revenue
authorities for detailed enquiry, local
inspection, measurement and
verification of the actual road
alignment and the plots over which the
road existed;
11. that pursuant to the aforesaid
direction, a joint enquiry was
conducted by revenue officials, local
Amin, ward representatives and
concerned authorities. During the
enquiry, local villagers were also
examined and the existing physical
features of the land and road alignment
were verified at the spot. The enquiry
was conducted on the basis of
available survey records, local enquiry,
map verification and physical
inspection of the site;
Patna High Court CWJC No.8144 of 2026(3) dt.29-06-2026
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12. that after detailed enquiry and spot
verification, the Circle Officer, Keoti
submitted report bearing Memo No.
945 dated 22.07.2025 addressed to the
Executive Engineer, Local Area
Engineering Organization, Darbhanga,
In the said report it was specifically
recorded that the road alignment in
question had already been existing for
approximately 10-12 years and that the
present ACC construction work was
being carried out over the said existing
alignment. The report Forther
categorically recorded that upon
verification and measurement, the
road alignment was found situated
over Plot Nos. 1162, 1173, 1174, 1175
and 1177 and not over Plot Nos. 1209
and 1210 as falsely alleged by the
petitioners;
13. hat the Circle Officer's report
further specifically found that the
Patna High Court CWJC No.8144 of 2026(3) dt.29-06-2026
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allegation of the petitioners regarding
construction over their raiyati land
was incorrect and unsupported by
actual physical verification. The
report also records that the allegation
regarding Plot Nos 1209 and 1210
was found to be wrong during
measurement and verification
conducted at the spot;
14. that the records annexed with the
supplementary documents also
contain sketch map and inspection
reports clearly depicting the actual
alignment of the road over Plot Nos.
1162, 1173, 1174 and adjoining plots.
The sketch map completely
demolishes the case sought to be made
out by the petitioners in the writ
petition;
15. that thereafter the petitioners
approached the Bihar Public
Grievance Redressal Authority,
Patna High Court CWJC No.8144 of 2026(3) dt.29-06-2026
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Darbhanga raising the very same
grievance regarding alleged
encroachment upon their private land.
The complaint was duly entertained
and notices were issued to the
concerned authorities. The District
Public Grievance Redressal Authority
considered the reports submitted by the
Circle Officer and engineering
authorities and examined the matter in
accordance with law;
16. that ultimately by detailed and
reasoned order dated 23,09.2025
passed by the District Public
Grievance Redressal Authority,
Darbhanga, the grievance of the
petitioners was rejected. The authority
specifically recorded that the
allegation regarding construction over
Plot Nos. 1209 and 1210 was found
false and that the road alignment
actually existed over Plot Nos. 1162,
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1173, 1174, 1175 and 1177. The
competent authority accepted the
Circle Officer's report and held that
the claim of the petitioners was
incorrect;
17. that the petitioners have
deliberately suppressed the aforesaid
material developments and findings
before this Hon'ble Court. The writ
petition proceeds as if no enquiry had
ever been conducted and as if no
statutory authority had adjudicated
the grievance of the petitioners. Such
suppression of material facts
disentitles the petitioners from
obtaining any equitable relief under
Article 226 of the Constitution of
India.
(emphasis added)
5. The contention of the writ petitioners is/are that
their raiyat plot nos. 1209 and 1210 have been partly used by
the respondents and arguments revolved around it. However, the
Patna High Court CWJC No.8144 of 2026(3) dt.29-06-2026
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counter affidavit has come and two facts have emerged from the
said reply which are as follows:
(i) the land which has been used for the
road alignment exist on plot nos. 1162,
1173, 1174, 1175 and 1177 and not on
plot nos. 1209 and 1210 as claimed by
the petitioners;
(ii) the respondents earlier took note of
the petitioners’ grievance addressed to
the Bihar Public Grievance Redressal
Authority, Darbhanga and vide an order
dated 23.09.2025 found the claim to be
false.
6. These facts were never brought to the notice of the
Court as a result whereof on the earlier occasion, the
respondents were directed to file affidavit.
7. From the aforesaid facts, it is clear that the
petitioners have deliberately suppressed the findings and thus
tried to mislead the Court. Now the affidavit has come which
clearly demolishes the case of the petitioners and they have
based their claims only on the basis of a private Amin’s report
hired by them.
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8. Having recorded the facts of the case, in the
opinion of the Court, this is a fit case which be dismissed with
cost.
9. Accordingly, the writ petition is dismissed with a
cost of Rs. 5,000/- imposed upon the petitioner to be deposited
with Patna High Court Legal Services Committee and the
receipt has to be filed in the office by 03.07.2026.
10. List this case under the heading “To Be
Mentioned” on 06.07.2026 to peruse the compliance report.
(Rajiv Roy, J)
Ravi/-
U
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