Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The petition was dismissed as withdrawn.
Summary
The petitioner, Santosh Kumar, filed a writ petition seeking a mandamus directing the Rural Work Department of Bihar to pay compensation with interest for land (6.67 decimal) allegedly encroached for road construction. He alleged that the department had taken over his land without proper compensation. The petition sought appropriate writs directing payment. During hearing, counsel for the petitioner informed the court that the grievance had been settled and the petitioner wished to withdraw the petition. The court accordingly disposed of the petition as withdrawn.
Issues considered
- Whether the Rural Work Department is liable to pay compensation with interest for the alleged encroachment of the petitioner's land
- Whether a writ of mandamus is appropriate to compel payment of compensation
Subjects
- land encroachment
- compensation
- mandamus
- writ petition
- withdrawal
- Rural Work Department
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8381 of 2024
======================================================
Santosh Kumar Son of Sri Hirday Narayan Singh Village- Sadahapura, P.O-
Usfa, P.S- Gaurichak, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through its Additional chief Secretary cum
Commissioner, Rural work Department, Bihar at Patna.
2. The Additional chief Secretary cum Commissioner, Rural work Department
Bihar at Patna.
3. The Engineer in Chief, Rural work Department, Bihar at Patna.
4. The Superintending Engineer, Patna Circle, Rural work Department, Patna.
5. The Executive officer, Rural work Department Work Division, Patna.
6. The Divisional Commissioner, Patna.
7. The District Magistrate, Patna.
8. The District Land Acquisition officer, Patna.
9. The Circle officer, Fatuha under Patna District.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar, Advocate
For the Respondent/s : Mr.Yogenra Pd. Sinha, AAG-7
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 04-05-2026 Heard the parties.
2. This writ petition has been preferred for:
“issuance of a writ in the nature of
writ of mandamus, directing the respondents
authority to pay the compensation amount to
the petitioner with interest of land bearing
thana No-66 Mauza Usfa Khata No- 290,
Plot No-1106 area 6.67 decimal which was
encroached by Rural work Department,
Patna High Court CWJC No.8381 of 2024(2) dt.04-05-2026
2/2
work Division, Patna for construction of
road, be further please to pass an
appropriate writ or writ direction or
direction or directions as your lordships may
deem fit and proper.”
3. Learned counsel for the petitioner submits that
grievance stands redressed and as such he may be permitted to
withdraw the petition.
4. Accordingly, the writ petition is disposed of as
withdrawn.
(Rajiv Roy, J)
atul/-
U
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