Patna High Court

Suresh PrasadversusThe State of Bihar

Decided: 29 June 2026
Disposal: DISPOSED
Bench: RANA VIKRAM SINGH

Holding

The writ petition is premature and therefore dismissed as no acquisition notice has been served.

Summary

The petitioners, a group of landowners in Hilsa, Nalanda, filed a writ petition fearing that their lands would be acquired for the widening of Hilsa‑Noorsarai Road. They sought a pre‑emptive hearing and assurance of alternative land allotment before any acquisition notice was served. The State argued that the acquisition process had not yet begun and that notice and hearing would be provided when it does. The Court held that, in the absence of any acquisition notice, the petition was premature and could not be entertained. Consequently, the writ petition was disposed of without any order on the merits, with the petitioners directed to approach the Court only if they are denied a hearing after the acquisition process commences.

Issues considered

Whether a writ petition seeking a pre‑acquisition hearing is maintainable before any acquisition notice is issued
Whether the court can intervene to grant relief in anticipation of a future land acquisition

Subjects

land acquisition
pre‑acquisition hearing
writ petition
civil writ jurisdiction
road widening
premature petition

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.8658 of 2026
     ======================================================
1.   Suresh Prasad, Son of Late Makhan Saw, Resident of Village- Hilsa Bihari
     Road, P.S.- Hilsa, District- Nalanda.
2.   Prahlad Thakur, Son of Yadunandan Thakur, Resident of Village- Hilsa
     Bihari Road, P.S.- Hilsa, District- Nalanda.
3.   Bablu Pandit @ Dinesh Kumar, Son of Late Suresh Pandit, Resident of
     Village- Hilsa Bihari Road, P.S.- Hilsa, District- Nalanda.
4.   Jai Prakash Narayan Santosh, Son of Late Jawahar Lal Santosh, Resident of
     Village- Hilsa Bihari Road, P.S.- Hilsa, District- Nalanda.
5.   Dharmendra Kumar, Son of Krishna Prasad, Resident of Village- Hilsa
     Bihari Road, P.S.- Hilsa, District- Nalanda.
6.   Kumar Gaurav, Son of Late Birendra Prasad, Resident of Village- Hilsa
     Bihari Road, P.S.- Hilsa, District- Nalanda.
7.   Radhe Saw, Son of Late Ram Chandra Saw, Resident of Village- Hilsa
     Bihari Road, P.S.- Hilsa, District- Nalanda.
8.   Uday Pandit, Son of Nandu Pandit, Resident of Village- Hilsa Bihari Road,
     P.S.- Hilsa, District- Nalanda.
9.   Smt. Hemlata Devi, Wife of Dinesh Kumar @ Bablu Pandit, Resident of
     Village- Hilsa Bihari Road, P.S.- Hilsa, District- Nalanda.
10. Yogendra Mahto, Son of Late Keshwar Mahto, Resident of Village- Hilsa
     Bihari Road, P.S.- Hilsa, District- Nalanda.
11. Dayanand Pandit, Son of Late Dahu Pandit, Resident of Village- Hilsa
     Bihari Road, P.S.- Hilsa, District- Nalanda.
12. Manohar Vishwakarma, Son of Saryug Vishwakarma, Resident of Village-
     Hilsa Bihari Road, P.S.- Hilsa, District- Nalanda.


                                                                   ... ... Petitioner/s
                                          Versus
1.   The State of Bihar.
2.   The Additional        Chief   Secretary,   Urban   Development     Department,
     Government of Bihar, Patna.
3.   The Principal Secretary, Road Construction Department, Government of
     Bihar, Patna.
Patna High Court CWJC No.8658 of 2026 dt.29-06-2026
                                           2/4




  4.    The District Magistrate, Bihar Sharif, Nalanda.
  5.    The Land Acquisition Officer, Bihar Sharif, Nalanda.
  6.    The Sub-Divisional Officer, Hilsa, District- Nalanda.
  7.    The Superintending Engineer, Road Construction Department, Road Circle,
        Hilsa, District- Nalanda.
  8.    The Executive Engineer, Road Construction Department, Road Division,
        Hilsa, District- Nalanda.
  9.    The Executive Officer, Nagar Parishad, Hilsa, District- Nalanda.
  10. The Circle Officer, Hilsa, District- Nalanda.


                                                                    ... ... Respondent/s
       ======================================================
       Appearance :
       For the Petitioner/s     :       Mr. Kripa Nand Jha, Adv.
       For the State            :       Mr. R.P.N. Tiwari, AC to SC-25
       ======================================================
       CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
       ORAL JUDGMENT
       Date : 29-06-2026

                          Heard the learned counsel appearing on behalf of

         the parties.

                          2. At the very outset, the learned counsel for the

         petitioners fairly submits that the petitioners have approached

         this Court on account of strong apprehension based on the

         information provided vide Letter No. 194 dated 19.02.2026

         issued by the Public Information Officer, Road Construction

         Department, Road Division, Hilsa that the land detailed therein

         the enclosure are likely to be acquired for expansion of Hilsa-

         Noorsarai Road. The details of the petitioners’ land is also
Patna High Court CWJC No.8658 of 2026 dt.29-06-2026
                                           3/4




         there in the list of the persons whose land(s) could be acquired

         for the aforesaid purpose for widening of the road in

         connection with Khesra No. 567 as enclosed with the aforesaid

         letter dated 19.02.2026.

                         3. However, till date, no notice for acquisition of

         the aforesaid land has been given to the petitioners.

                         4. At this stage, the learned counsel for the State

         submits that the process of actual acquisition of land is yet to

         begin.

                         5. The learned counsel for the petitioner, at this

         stage, submits that whenever the process of actual acquisition

         of the land begins, the petitioners may be given an opportunity

         to be heard so that they could produce all relevant documents

         with respect to the land upon which the dwelling house has

         been there, seeking proper alternative allotment of land nearby,

         so that the petitioners and their family members could not be

         rendered land-less with no dwelling house thereon.

                         6. The learned counsel for the State has no

         objection to the same rather he fairly submits that the moment

         the actual acquisition begins, all the land-holders would be

         given notice and a proper opportunity of hearing be aforded to

         them.
             Patna High Court CWJC No.8658 of 2026 dt.29-06-2026
                                                        4/4




                                      7. In the above circumstances, the present writ

                      application appears to be pre-mature. The petitioners are at

                      liberty to approach this Court as soon as they are denied any

                      opportunity of proper hearing by the authorities acquiring the

                      land upon which the petitioners’ dwelling house has been

                      constructed.

                                      8. With the aforesaid observation/direction, the

                      writ petition stands disposed off.

                                      9. Interlocutory application(s), if any, also stands

                      disposed off.




                                              (Rana Vikram Singh, J)
Praveen-II/-
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          30.06.2026
Transmission Date       N/A

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