Patna High Court
Bhuneshwar PandeyversusDr. B. Rajender
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR PANDEY
Holding
The Court held that the petitioner’s grievance had already been redressed and therefore the contempt petition was disposed of.
Summary
The petitioner, Bhuneshwar Pandey, filed a contempt petition challenging an order dated 29 Oct 2024 in which the High Court had directed him to approach the District Magistrate‑Collector to seek proper acquisition of his land before a public road could be constructed. He claimed that the Rural Works Department had already constructed a pucca road on 2.5 decimal of his raiyati land and that compensation was due. The State argued that the petitioner had not produced any authority for the construction and that his grievance was being addressed by the District Magistrate’s order of 15 July 2025 directing assessment and payment of compensation. The Court noted that the show‑cause notice and the Magistrate’s order confirmed that the land had been acquired and compensation was to be assessed, thereby indicating that the petitioner’s grievance had been redressed. Consequently, the Court held that there was no contempt and disposed of the petition, leaving the petitioner free to approach the appropriate forum for any fresh cause of action.
Issues considered
- Whether the petitioner’s grievance regarding construction of a public road on his private land has been adequately redressed
- Whether the respondents are in contempt of the earlier High Court order
- Whether compensation for the acquired land must be paid before further construction
Subjects
- contempt
- land acquisition
- compensation
- public road construction
- writ of mandamus
- High Court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.675 of 2025
In
Civil Writ Jurisdiction Case No.16743 of 2024
======================================================
Bhuneshwar Pandey S/o Late Hoshila Pandey, R/o Village - Patkhauli, Ward
No. 12, Anchal - Gaunaha, P.S. - Gaunaha, District - West Champaran.
... ... Petitioner/s
Versus
1. Dr. B. Rajender S/o- not known, the Additional Chief Secretary, Rural
Works Department, Government of Bihar, Patna.
2. Mr. Nirmal Kumar, S/o not known, Chief Engineer, Rural Works
Department, Government of Bihar, Patna.
3. Mr. Dinesh Kumar Rai, S/o- Not known to the petitioner, The District
Magistrate cum Collector, West Champaran at Bettiah.
4. Mr. Surya Prakash Gupta, S/o not known, Sub Divisional Officer,
Narkatiyaganj, Bettiah, West Champaran.
5. Mr. Anil Kumar, S/o not known, Superintending Engineer cum Additional
Collector, Bettiah, West Champaran.
6. Mr. Manish Kumar, S/o- not known, Executive Engineer, Narkatiyaganj,
Bettiah, West Champaran.
7. Mr. Ram Dular Chauhan, S/o - not known, Junior Engineer, Bettiah, West
Champaran.
8. Mr. Surya Kumar Singh, S/o- not known, B.D.O., Narkatiyaganj, Bettiah,
West Champaran.
9. Mr. Sudhanshu Shekhar, S/o - not known, Circle officer, Narkatiyaganj,
Bettiah, District - West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Deepak Kumar, AC to GP-4
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
5 18-02-2026 The instant contempt petition is arising out of order
dated 29.10.2024 passed in C.W.J.C. No. 16743 of 2024 and it
reads as under:-
“In the instant petition, petitioner has
prayed for the following relief (s):-
Patna High Court MJC No.675 of 2025(5) dt.18-02-2026
2/5
(i) For issuance of a writ in the nature of
Mandamus or any other appropriate
writ/writs, order/orders and direction for
restraining the Respondent Authorities
from constructing public road on private
land of the petitioner bearing Khata No.
102, Plot No. 7, measuring 0-3-12,
Mauza Kundilpur, Block Narkatiyaganj,
District West Champaran against which
Jamabandi No. 699 is running in the
name of petitioner, but without proper
acquisition of the petitioner's land and
without any authority of law, the
respondents are about to construct pucca
road inasmuch as the soil has been filled
on the land and some of the raw material
have been kept to construct the road.
(ii) Also for restraining the Respondents
from making any work in order to
construct the road over petitioner's land
bearing Khata No. 102, Plot No. 7,
measuring 0-3-12, Mauza Kundilpur,
Block Narkatiyaganj, District West
Champaran, during pendency and till
final adjudication of the case.
(iii) For issuance of any writ/writs,
order/orders, direction/directions as your
Lordships may deem fit and proper in the
facts and circumstances of the case.
2. Learned counsel for the petitioner
submits that petitioner is bona fide owner of the
land pertaining to Khata No. 102, Plot No.7,
Patna High Court MJC No.675 of 2025(5) dt.18-02-2026
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measuring, Mauza Kundilpur, Block
Narkatiyaganj, District West Champaran.
Learned counsel submits that without proper
acquisition of petitioner's land, the construction
of pucca road is going to be done upon the
petitioner’s land. Petitioner has represented his
grievance before the concerned authority as
mentioned in P-2 series and the grievance has
not been redressed by any of the authorities
concerned.
3. Learned counsel for the State submits
that petitioner has very vaguely represented his
grievance before several authorities without
any basis. Petitioner has not produced any piece
of paper passed by any authority for the
construction of pucca road upon the petitioner's
land.
4. In the light of aforesaid facts and
circumstances of the case, present writ petition
stands disposed of with liberty to the petitioner
to represent his grievance before District
Magistrate-cum-Collector, West Champaran
that his land should not be acquired without
following proper procedure of acquisition. If
petitioner submits his representation before the
District Magistrate-cum-Collector, West
Champaran within four weeks from the date of
receipt of this order, the competent authority is
directed to hear the grievance of the petitioner
and pass appropriate order expeditiously, as per
law.
5. Without deciding the representation of
Patna High Court MJC No.675 of 2025(5) dt.18-02-2026
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the petitioner, no pucca road would be
constructed on petitioner’s land in question.”
2. Learned counsel for the petitioner has confined his
submission that the opposite party nos. 3, 4 and 9 have already
admitted through the show cause dated 04.08.2025 that they
have constructed the road upon the raiyati land of the petitioner
to the extent of 2.5 decimal for which they have admitted to pay
the compensation and vide order dated 15.07.2025 the
concerned District Magistrate has directed the Executive
Engineer, Rural Works Department, Narkatiyaganj to assess the
compensation amount and on receipt of the compensation
amount from the concerned Department, ensure payment of
compensation to the petitioner.
3. Learned counsel for the State has admitted in para
16 of the show cause that 2.5 decimal land of the petitioner has
been acquired by the Rural Works Department in the interest of
public and vide order dated 15.07.2025 of the concerned District
Magistrate, the compensation amount has been ordered to be
assessed by the Executive Engineer, Rural Works Department,
Narkatiyaganj with a further direction to pay the compensation
amount to the petitioner on receipt of the same from the
concerned Department.
4. In the light of the aforesaid facts and circumstances
Patna High Court MJC No.675 of 2025(5) dt.18-02-2026
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of the case and arguments advanced on behalf of the parties, it is
evident that the grievances of the petitioner has already been
redressed.
5. At this stage, learned counsel for the petitioner has
asserted that the concerned respondent may be directed to pay
the compensation to the petitioner at the earliest.
6. Considering all the aspects of the matter, in view of
the direction given by the concerned District Magistrate to
assess and pay the compensation amount to the petitioner, it is
expected that the amount of compensation would be paid to the
petitioner at the earliest.
7. Accordingly, the present contempt petition stands
disposed of with liberty to the petitioner that if the petitioner has
any grievance with regard to the fresh cause of action, he may
approach the appropriate forum.
(Alok Kumar Pandey, J)
amitkumar/-
U
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