Patna High Court
Awadhesh PrasadversusThe State Of Bihar and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The petition is dismissed as withdrawn.
Summary
The petitioner, Awadhesh Prasad, filed a writ petition seeking compensation for alteration of his raiyati agricultural land caused by the construction of a road under the Gramin Vikas Yojna, alleging that the land was dug up and soil removed without formal acquisition. He also sought removal of the road and any other relief for loss suffered. The petition was contested by the State of Bihar and various officials. During the hearing on 16‑02‑2026, the petitioner’s counsel requested withdrawal of the petition. The Court accepted the request and dismissed the writ petition as withdrawn, without addressing the merits.
Issues considered
- Whether the petitioner is entitled to compensation for alteration of raiyati land without acquisition
- Whether the road construction on raiyati land can be ordered to be removed
Subjects
- rai yati land
- compensation
- road construction
- rural development scheme
- withdrawal of petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9661 of 2018
======================================================
Awadhesh Prasad S/o Late Budhadeo Yadav, Resident of Village- Kakaila,
P.S.- Noor Sarai, District- Nalanda.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Rural Development Department, Bihar, Patna.
3. The District Magistrate, Nalanda at Bihar Sharif.
4. The District Development Commissioner, Rajgir, Nalanda.
5. The Circle officer, Silao, District- Nalanda.
6. Indrajeet Prasad @ Mantu Jee, S/o Vijay Chauhan, Resident of Village-
Jalalpur,P.S. Nalanda, District- Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar No.1, Advocate
For the State : Mr. Akhileshwar Singh, AC to GA-2
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 16-02-2026 Hear the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) to pay compensation to the
petitioner for changing the physical structure of
the agricultural raiyati land of the petitioner b
way of digging the land and removing the soil
for construction of a road under Rural
Development Scheme (Gramin Vikas Yojna).
(ii) to pay compensation to the
petitioner for making construction of a road on
Patna High Court CWJC No.9661 of 2018(2) dt.16-02-2026
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the Raiyati land of the petitioner without any
acquisition and remove the same from the
Raiyati land of the petitioner.
(iii) to grant any other relief/reliefs for
which the petitioner is found entitled due to loss
suffered by him.”
3. Mr. Anil Kumar No.1, learned counsel for the
petitioner prays for withdrawal of the petition.
4. Accordingly, the writ petition is dismissed as
withdrawn.
(Rajiv Roy, J)
vinayak/-
U
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