Patna High Court
Rajendra ChaudharyversusThe State Of Bihar and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
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The writ petition was disposed of as withdrawn.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 Counsel for the petitioner later moved that the petition be withdrawn. The court entertained the withdrawal request and disposed of the writ petition as withdrawn.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- withdrawn petition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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