IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14904 of 2018 ====================================================== 1. Santosh Kumar Singh @ Santosh Kr. Singh 2. Suraj Kumar 3. Shiv Shankar Singh All S/o Suresh Prasad Singh 4. Suresh Prasad Singh S/o Ram Sundar Singh All r/o Village - Asurar, P.S. - Alauli, District - Khagaria. ... ... Petitioner/s Versus 1. The State Of Bihar through Principal Secretary, Department of Road Construction, Patna. 2. Principal Secretary, Road Construction Department, Patna. 3. Principal Secretary, Revenue and Land Reforms Department, Khagaria. 4. District Magistrate, Khagaria. 5. Circle Officer, Alauli, Dist Khagaria. 6. Executive Engineer, Road Construction Department, Khagaria. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Harsh Singh, Advocate For the State : Mr. Rajeev Shekhar (AC to GA-13) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 14-07-2025 Heard learned counsel for the petitioners and learned counsel for the State. 2. The present writ petition has been filed for the following relief/s:- “I. For quashing the order passed by Executive Engineer, Road Construction Department, Khagaria contained in letter no. 04 dated 02.01.2018 whereby and whereunder petitioners' representation Patna High Court CWJC No.14904 of 2018 dt.14-07-2025 2/8 dated 19.12.2017 for grant of compensation against encroachment of petitioners' plot of land by "Alauli Bahadurpur Bakhri" road of the Road Construction Department, has been rejected without application of mind, on completely erroneous and non est grounds and findings, which are in teeth of the records of the case and contrary to the orders passed by the superior authorities. II. For passing an appropriate writ, order or direction in the nature of Mandamus commanding the Respondents authorities to carry out fresh measurements of petitioner's plot of land and pay the compensation alongwith penal interest for the portion of petitioners’ land which has unauthorisedly been encroached upon by way of construction of a road. III. In the alternative, For passing an appropriate writ, order or direction in the nature of Mandamus commanding the Respondents authorities to demolish the constructed road over petitioners' plot of land and hand over peaceful possession of the same to the petitioners within a reasonable period of time. IV. Any other writ or order or direction to which the Petitioner is found by this Hon'ble Court may kindly be issued.” Patna High Court CWJC No.14904 of 2018 dt.14-07-2025 3/8 3. Learned counsel for the petitioners submits that the land in question is Khata no.9, Khesra no.445 area 2 katha 8 dhur belongs to the petitioners which is the khatiyani plot and has came in the share of petitioners’ father after their partition as the same is petitioners’ ancestral property. Counsel submits that in the year 2004-05, Alauli Bahadurpur Bakhri road was acquired by the Road Construction Department from the Rural Works Department for construction of road. Unknown to the petitioners then, the said road was constructed over the petitioners’ plot and the petitioners were under bona fide impression that the road was being constructed over the land of P.W.D after due measurements and verification. But upon construction of the road, petitioners realized that some encroachment has been made on their plot then they made representations before the District Magistrate, Khagaria, B.D.O., Khagaria and Circle Officer, Alauli, Khagaria on 26.10.2015 against such encroachments on petitioners’ plot of land. Counsel submits that the petitioners made several rounds of the office of D.M., Khagaria, B.D.O., Khagaria and Circle Officer, Alauli, Khagaria for follow-up action on their representation, but nothing happened. 4. Learned counsel for the petitioners further Patna High Court CWJC No.14904 of 2018 dt.14-07-2025 4/8 submits that on 22.08.2016, petitioners once again made a representation before the District Magistrate, Khagaria, but no action taken place. Thereafter, petitioners approached the Public Grievance Redressal Officer, Khagaria and filed a Complaint on 29.09.2016 against non-measurement of land by the Circle Officer, Alauli. After direction by the Public Grievance Redressal Officer, Khagaria, measurement was done on 29.10.2016, but the same was incomplete and further date for measurement was fixed. After measurement, the Circle Officer, Alauli came to a finding that the entire plot of land of the petitioners had been covered by the P.W.D. road. On 17.12.2016, the District Public Grievance Redressal Officer, Khagaria passed an order on petitioners’ complaint that as the entire plot of petitioners had come under the road of P.W.D and if the petitioners were having sufficient ownership of the said plot and if the petitioners have not been paid any amount in such a situation, the petitioners can make an application to Land Acquisition Officer for necessary action. Counsel further submits that the petitioners made a detailed representation on 23.01.2017 to the District Magistrate, Khagaria and also approached to the Road Construction Department for payment of compensation. Thereafter, upon objection by the Executive Patna High Court CWJC No.14904 of 2018 dt.14-07-2025 5/8 Engineer, Road Construction Department, Khagaria a new road was constructed over the same alignment as the old road and fresh measurement of the petitioners plot of land was done alongwith measurement map of which petitioners strongly objected. The petitioners persuaded to the Circle Officer, Alauli to measure the land properly, but when nothing happened, they moved before the 1st Appellate Authority and filed application alleging that the measurement has not been carried out by the Circle Officer, Alauli. Then, again by order passed by the Appellate Authority, the measurement was carried out, but no measurement report was handed over to the petitioners. On 04.10.2017, the 1st Appellate Authority came to the finding that the Circle Officer, Alauli had submitted a vague and misleading report. The matter was disposed off with direction to the Circle Officer and S.D.O to complete the measurement of petitioners land and a copy of the report be handed over to the petitioners as soon as possible. But, due to non-compliance of the order passed by the 1st Appellate Authority, the petitioners preferred Second Appeal and the Second Appellate Tribunal after discussing the matters came to the conclusion that out of 2 katha 6 dhur of petitioners land, and only 8 dhur land was outside the area and rest land has been encroached by them. Petitioners Patna High Court CWJC No.14904 of 2018 dt.14-07-2025 6/8 have filed their representation before the Executive Engineer, Road Construction Department, Khagaria for grant of compensation, but nothing happened and their representation was dismissed on the ground that the petitioners are not entitled for any compensation. Being aggrieved and dissatisfied with the same, petitioners have filed fresh representation in the year 2018 before the District Magistrate, Khagaria. 5. Learned counsel for the petitioners further submits that in the counter affidavit, denial has come that the petitioners’ land has not been encroached. But subsequently, the order was passed by this Court to file fresh counter affidavit vide order dated 07.04.2025. Then, a supplementary counter affidavit has been filed on behalf of respondent no.3 and in the said supplementary counter affidavit, measurement has been taken place under the supervision of Collector and his report has come by the Circle Officer that total land of the petitioners is 2 katha 6 dhur belongs to Khata no.9, Plot no.445 recorded in the name of Smt. Padma Devi, wife of Suresh Singh and petitioners are the son of Suresh Singh. It has also come in the report that 1 katha 18 dhur out of 2 katha 6 dhur is in the road and rest 8 dhur is outside the road. But instead of that, it has also come that on the said land, road is situated since more than 30 years. But no Patna High Court CWJC No.14904 of 2018 dt.14-07-2025 7/8 other raiyat has claimed the compensation. In the light of the specific finding in the report that out of 2 katha 6 dhur land, 1 katha 18 dhur has been the subject matter of the road. 6. Learned counsel for the State submits that the road on which the construction has been made is situated since more than 30 years. But he submits that in the report, which is Annexure-R/1 series of the supplementary counter affidavit, it has been accepted by the Executive Engineer, Road Construction Department, Executive Engineer, Rural Works Department, Khagaria and Circle Officer, Alauli that 1 katha 18 dhur is embedded in road and 8 dhur land is separate from the road. 7. In this view of the matter, this Court hereby reached on the finding that as per the report submitted by the Collector, Khagaria that the land situated in Khata no.9, Plot no.445 appertaining to Mauza- Asurar, Thana no.221 is raiyati land of the petitioners for which jamabandi no.517 is recorded in the name of Smt. Padma Devi, wife of Suresh Singh (father of the petitioners), total area 2 katha 6 dhur in which 1 katha 18 dhur is embedded in the road. 8. 8. Therefore, on the basis of this finding, this Court hereby directs to the concerned Land Acquisition Officer and Patna High Court CWJC No.14904 of 2018 dt.14-07-2025 8/8 the Collector to proceed towards ascertainment of the compensation amount for the petitioners within 6 months from the date of production/receipt of this order. The petitioners shall file representation with all the proof and the documents of their land before the Collector, Khagaria and the Collector, Khagaria under his supervision shall direct the concerned Land Acquisition Officer to do all the needful for payment of compensation within 9 months. 9. Hence, with the aforesaid direction, this writ petition stands disposed off. Divyansh/- (Dr. Anshuman, J) AFR/NAFR CAV DATE NA Uploading Date 17/07/2025 Transmission Date NA