Patna High Court
Rekha DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The Court held that constructing a road over the petitioners' raiyati land without acquisition and compensation is unlawful and directed the Collector to acquire the land and pay compensation within three months.
Summary
Rekha Devi and Janardan Paswan filed a writ petition alleging that the State of Bihar and various officials allowed the construction of a link road over their raiyati land without following the legal process of land acquisition or paying compensation. The petitioners submitted evidence that the land had not been acquired, no No‑Objection Certificate was issued, and construction by M/s Shivnar Construction Pvt. Ltd. was ongoing. The respondents argued that a direction for compensation after due process would suffice. The Court found that the authorities acted arbitrarily, without any statutory sanction, and that the petitioners' rights were violated. Consequently, the Court directed the Collector of Patna to acquire the land, pay compensation within three months, and ordered the petitioners to file a fresh representation of title within two weeks.
Issues considered
- Whether the construction of a road over private raiyati land without acquisition and compensation violates the law.
- Whether the respondents had jurisdiction to permit such construction without following due process of land acquisition.
- What appropriate remedial directions should be issued under the writ jurisdiction to protect the petitioners' rights.
Subjects
- land acquisition
- compensation
- raiyati land
- road construction
- writ jurisdiction
- administrative law
- illegal construction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9341 of 2026
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1. Rekha Devi, Wife of Late Madhusudan Paswan, Resident of Village-
Ishanagar Sahri, Post Office- Karkain, Police Station- Ghoshwari, District-
Patna.
2. Janardan Paswan, Son of Late Chandrika Paswan Resident of Village-
Ishanagar Sahri, Post Office- Karkain, Police Station- Ghoshwari, District-
Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Collector, Patna, District- Patna.
3. The Circle Officer, Ghoshwari, District- Patna.
4. The Chief Engineer Rural Patna/Gramin Work Department, Work Division,
Bihar, Patna.
5. The Executive Engineer Gramin/Rural Work Department, Work Division,
Barh, Patna.
6. The Superintending Engineer Rural/Gramin Work Department, Work Circle,
Bihar (Patna).
7. The Secretary Rural Work Department, Government of Bihar, Patna.
8. The Joint Secretary Rural Work Department, Bihar, Patna.
9. The Land Acquisition Officer, Patna, District- Patna.
10. The Public Information Officer cum Executive Engineer, Rural Work
Department Work Division (Parmandal) Barh, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Sen Prasad Singh, Advocate
For the Respondent/s : Mr. Ajay Bihari Sinha, GA 8
======================================================
CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL ORDER
2 03-07-2026 Heard learned counsel for the petitioners and Mr. Ajay
Bihari Sinha, learned GA 8 appearing on behalf of the State.
2. By preferring the present writ application, the
petitioners have prayed for direction to the various respondents,
who have allowed construction of road on the raiyati land of the
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petitioners without following due procedure of acquisition of
the said land for payment of due amount of compensation in
terms of the extant rules.
3. The raiyati land of the petitioners situated in Mauza-
Balwa, Halka Trimuhan, Khata nos. 154, 160, 161, 168, Khesra
no. 105, 108, 93, 120, 99, 80, Area 18 Acre 51 decimal in Circle
Office Ghoswari, has been used for construction of Link Road
connecting the village to the State Highway No. 33.
4. It has been submitted that without acquiring the raiyati
land of the petitioners, the road has been constructed and no
compensation amount has been paid to the petitioners. The land
is said to have been acquired in the year 2021-22 and since then
petitioners have running from pillar to post by filing different
representations to the respondents but no action has been taken
thereon.
5. The petitioners have filed an application seeking
information from the Office of the Executive Engineer, Rural
Works Department, Work Division, Barh as to whether the land
has been acquired before the construction of road and further
whether any no objection certificate has been issued for
construction of the road over his piece of land. Vide Annexure
P-2 as appended to the writ application, information was
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supplied to them vide Memo No. 864 dated 21.05.2025 by the
Executive Engineer, Rural Works Department, Work Division
Barh, categorically furnishing information that the land has not
been acquired nor no objection Certificate has been issued prior
to construction of the road over the land of petitioners from the
Office of the Executive Engineer, Rural Works Department,
Work Division, Barh.
6. As submitted, the road has been constructed from
Balwa to Sadaha Road by the firm namely M/s Shivnar
Construction Pvt. Ltd. under MR-3054 Scheme and further
construction over the said piece of land is still going on, which
is evident from Annexure P 3 appended to the writ application.
7. Petitioners highlighting their grievances, had filed their
representation on 27.06.2022 before the Collector, Patna praying
therein for award of compensation for their land over which
road has been constructed and still constructions are going on
without following due process of acquisition of the same but till
date the Collector, Patna has not take any steps nor has passed
any order directing the authorities for payment of amount of
compensation to the petitioners.
8. At this stage, learned counsel appearing on behalf of
the State fairly submits that from the documents especially
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annexure p-2 & p-3 it appears, road is being constructed over
the land of the petitioners, so in view thereof, he further
submits, it would be suffice if necessary directions are issued to
the concerned authorities for making payment of the
compensation after following the due process of acquisition of
the said land.
9. Heard learned counsel for the parties and their
respective submissions, it is evident from the documents placed
on record that road has been constructed and still constructions
are going on over the raiyati land of the petitioners without
even having acquired the same following the due process of law.
Interest of the petitioners has been jeopardized on account of
construction of the road and that too without even issuing any
notice to them and without having acquired the said land, the
respondent authorities especially Rural Works Department
Works Division, Barh, has allowed such construction to be made
by the private contractor, M/s Shivnar Constructions Pvt. Ltd.
and petitioners’ grievance has not been taken care of, in spite of,
repeated request and reminders for the same.
10. It is not in dispute that the road has been constructed
and still construction is going on, as evident from Annexure P-3,
over the land of the petitioners. It is also not in dispute that the
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land of the petitioners has not been duly acquired by following
the due process of law. It is clearly evident that no
compensation has been paid thereon. It is simply
incomprehensible that how the authority especially the Office of
the Executive Engineer, Rural Works Department, Work
Division, Barh has allowed such construction to be made over
the private/raiyati land of the petitioners without having
acquired the same and without even issuing notice to them prior
to granting such permission to the contractor. It is also not clear
that which provision of law/statute/ circular of the government
order has authorized the Executive Engineer, Rural Works
Department, Work Division, Barh to grant permission for
construction of road over the raiyati land of the petitioners. Thus
the action of the respondents are not only contrary to the settled
principles of law but also reflects the misuse of authority vested
in them. Their action have no sanction in the eyes of law
rendering it arbitrary and wholly without jurisdiction.
11. In this backdrop, this Court is left with no option but
to issue a direction to the District Magistrate-cum-Collector,
Patna to personally look into the matter and take all remedial
measures to ameliorate the grievances of the petitioners without
any further delay and having examined the document in this
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connection and having heard all the concerned parties, pass
necessary orders for making payment of the compensation to the
petitioners after acquiring the land of the petitioners within a
period of three months from the date of receipt of this order.
12. The petitioners are directed to file a fresh
representation enclosing therewith all the relevant documents
showing their right, title and possession over the said piece of
land before the District Magistrate-cum-Collector, Patna within
two weeks henceforth and having received the same, the
Collector, Patna is duty bound to act in accordance with law in
terms of the directions issued in preceeding paragraph of this
order.
13. Accordingly, this writ application is disposed off in
aforesaid terms.
14. Interlocutory application(s), if any, also stands
disposed off accordingly.
(Rana Vikram Singh, J)
Saurabh.kr/
Prakash-
U
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