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2024 DAILYLAW 2104 (PAT)

Birju Kumar Roy v. The State of Bihar

CWJC/5910/2024 · 2026-06-29

Rajiv Roy

body2024

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5910 of 2024 ====================================================== Birju Kumar Roy Son of Hare Ram Roy Resident of Village- Bhiraha, P.S.- Rosra, District- Samastipur. ... ... Petitioner/s Versus 1. The State of Bihar through Secretary of Revenue Department, Bihar at Patna. 2. The District Magistrate, Samastipur. 3. The Deputy Collector Land Reforms, Samastipur. 4. The A.D.M., Samastipur. 5. The C.O., Rosra, Samastipur. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sada Nand Roy, Adv. For the Respondent/s : Mr. Government Pleader 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 29-06-2026 Heard the parties. 2. The present application has been preferred: for issuance a writ, order/orders or direction/directions including a writ/writs in the nature of mandamus for payment of compensation of land in which a road was constructed by state of Bihar but no any proceeding of acquisition has been initiated against land of petitioner which was situated in the Mouza- Sapahua basauli Thana No-98 Khata -124(new Khata No-62) Khesra- 371,372,373,374,375,376(NewKhesara242,2 43,244,245, 246) Area-6 Bigha 1 kattha 10 dur(New Area 5 Bigha 2 Kattha) nature- Do Patna High Court CWJC No.5910 of 2024(3) dt.29-06-2026 2/3 Phasala(Agriculture) in which 19 Kattha land of petitioner acquire by state government but no any compensation was given by state of Bihar to petitioner till date. 3. The matter relates to a piece of land recorded in paragraph 3 as under: Mouza- Sapahua basauli Thana No-98 Khata -124(new Khata No-62) Khesra- 371,372,373,374375,376(NewKhesara- 242,243,244,245,246) Area-6 Bigha 1 kattha 10 dur(New Area 5 Bigha 2 Kattha) nature- Do Phasala(Agriculture) in which 19 Kattha land of petitioner acquire by state government. 4. The submission is that for construction of road, the ancestral land of the petitioner as also other heir of Hareram Roy has been taken, no compensation has been paid. 5. Learned State Counsel submits that neither all the heirs are before this Court nor appropriate document is/are on record to substantiate the said claim. 6. At this stage, learned counsel for the petitioner submits that he along with other heirs of Hareram Roy shall be approaching the Collector, Samastipur (respondent no. 2) for the Patna High Court CWJC No.5910 of 2024(3) dt.29-06-2026 3/3 redressal of the grievance so that their case is taken note of and the compensation amount which has still eluded them is/are paid. 7. In that background, the writ petition is disposed of allowing the petitioner/legal heirs to approach the respondent no. 2, the District Magistrate, Samastipur who shall be looking into the matter and disposing it of at an earliest and preferably within four months from the date the petitioner/legal heirs file petition(s). Vijay Singh/- (Rajiv Roy, J) U