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Patna High Court

Rajendra ChaudharyversusThe State Of Bihar and Ors

Decided
Disposal
WITHDRAWN

Holding

The writ petition was disposed of as withdrawn.

Summary

The petitioner, Rajendra Chaudhary, owned a raiyati land parcel (Khata No.37, Plot No.1155) and challenged the construction of an approach road by the State of Bihar through his land. He filed a writ petition seeking a mandamus directing the authorities to halt the construction and to pay compensation before any work proceeded. The petition alleged that the authorities had not followed proper land acquisition procedures and had not provided compensation. Counsel for the petitioner later moved that the petition be withdrawn. The court entertained the withdrawal request and disposed of the writ petition as withdrawn. No substantive adjudication on the merits was made.

Subjects

  • land acquisition
  • mandamus
  • compensation
  • raiayati land
  • withdrawn petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.9421 of 2017
                 ======================================================
                 Rajendra Chaudhary son of Late Ram Das Chaudhary, Resident of Village-
                 Jamalpur Pokhraha, P.O. Atimi, P.S. Nasriganj, District Rohtas at Sasaram.

                                                                                ... ... Petitioner/s
                                                       Versus
           1.    The State Of Bihar
           2.    The District Magistrate, Rohtas at Sasaram, District- Rohtas at Sasaram.
           3.    The District Land Acquisition Officer, Rohtas at Sasaram, District- Rohtas at
                 Sasaram.
           4.    The Circle Officer, Nasariganj, District- Rohtas at Sasaram.
           5.    The Bihar State Bridge Construction Corporation Ltd, Patna through the
                 Managing Director.
           6.    The Managing Director, The Bihar State Bridge Construction Corporation
                 Ltd, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. S.B.K. Mangalam, Advocate
                                          :        Ms. Anita Kumari, Advocate
                 For the State            :        Mrs. Nutan Sahay, AC to AAG-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   03-02-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                              “(i) for issuance of an appropriate writ in
                                        the nature of MANDAMUS, commanding and
                                        directing the Respondent Authorities to stop the
                                        construction of approach road passing through
                                        the Raiyati land of the petitioner being Khata
                                        No.37, Plot No.1155 , area 1.32 decimals on the
                                        ground that if the petitioner is Khatiyani Raiyat
                                        of the aforesaid land, the Respondents cannot
                                        construct the approach road in the land of the
            Patna High Court CWJC No.9421 of 2017(3) dt.03-02-2026
                                                        2/2




                                         petitioner     without      adhering    to     a   proper
                                         acquisition proceeding to acquire the land of the
                                         petitioner and without compensation to the
                                         petitioner.

                                              (ii) for issuance of an appropriate writ in the
                                         nature of MANDAMUS, commanding and
                                         directing the Respondent Authorities for payment
                                         of cost/compensation of the petitioner's land
                                         bearing       Khata     No.37,   Plot        No.1155   in
                                         accordance with law before they go for
                                         construction of approach road through the
                                         petitioner's land.

                                              (iii) for issuance of any other writ/writs,
                                         order/orders, direction/directions for which the
                                         writ petitioner would be found entitled under the
                                         facts and circumstances of the case.”

                                  3. Mr. S.B.K. Mangalam, learned counsel for the

                      petitioner submits that he may be permitted to withdraw the

                      petition.

                                  4. Accordingly, the writ petition is disposed of as

                      withdrawn.



                                                    (Rajiv Roy, J)
vinayak/-

U


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