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2025 DAILYLAW 110438 (PAT)

Jai Narayan Yadav @ Jairam Singh and Ors v. The State Of Bihar and Ors

CWJC/22855/2018 · 2025-11-10

Rajiv Roy

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22855 of 2018 ====================================================== 1. Jai Narayan Yadav @ Jairam Singh and Ors S/o Late Mani Ram Singh Yadav 2. Shiv Prasan Singh Yadav S/o Late Mani Ram Singh Yadav 3. Ram Pravesh Singh S/o Jairam SIngh All R/o Village- Chakki, P.O.- Chakki, P.S.- Brahmpur, District- Buxar ... ... Petitioner/s Versus 1. The State Of Bihar and Ors 2. The Principal Secretray, Rular works Departmnet , Govt. of Bihar, Patna 3. The Principal Secretary Road Construction Department Govt. of Bihar, Patna 4. The Collector Buxar at Buxar 5. The Sub Divisional Officer Dumraon, District- Buxar ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Uma Shankar Singh, Adv. For the Respondent/s : Mr. Archana Meenakshee -Gp6 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 10-11-2025 Heard Mr. Uma Shankar Singh, learned counsel for the petitioner and the State. 2. The present application has been preferred for the following relief(s): (i) For the issuance of an appropriate writ prohibiting the respondents to encroach upon Plot No. 696 and 697 situated in village- Sheopur Diyari, P.S.- Dumaraon, District- Buxar which the raiyati lands of the petitioners, by way of road widening in the village land plot in the garb Patna High Court CWJC No.22855 of 2018(2) dt.10-11-2025 2/3 of road widening. (ii) For the issuance of an appropriate writ to the Respondents to construct the road upon public land and not upon the raiyati land of the petitioners. (iii) For the issuance of an appropriate writ directing the respondents to work in accordance with law if they require the land of petitioner for the construction of road. (iv) For the issuance of any other appropriate writ/direction/order as your lordships may deem fit and proper for the ends of Justice 3. A counter affidavit has come on behalf of the respondent nos. 2 and 3 according to which pursuant to the direction of the Joint Secretary, Rural Works Department, Bihar, Patna vide letter no. 5163 dated 06.09.2024, the District Magistrate, Buxar was requested to measure the land of the petitioner (Annexure-R/2 to the counter affidavit). 4. Learned counsel for the petitioners submit that when steps had been taken by the respondents, petitioners were also informed, the matter has to be taken to its logical conclusion if not concluded. 5. Learned State Counsel submits that inline with the direction issued by the Department, the respondents were/are Patna High Court CWJC No.22855 of 2018(2) dt.10-11-2025 3/3 taking all the possible steps and if not taken, the same shall be taken to its logical conclusion in next three months. 6. Learned counsel for the petitioner submits that liberty be granted to them to agitate the matter afresh if situation so warrant. 7. Granting said liberty and with the aforesaid observation, the writ petition is disposed of. Vijay Singh/- (Rajiv Roy, J) U