Devendra Rai and Ors v. The State Of Bihar and Ors
CWJC/12339/2016 · 2025-07-28
Rajiv Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15922 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15922 (PAT) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12339 of 2016 ======================================================
1. Devendra Rai S/o- Late Nawab Rai. 2. Harihar Rai, S/o- Shri Janak Rai,
3. Jhimi Lal Rai, S/o- Late Jagnarayan Rai. 4. Ram Sagar Rai, S/o- Late Sukhu Rai. All are resident of Mohalla- Sharifaganj, P.S.- Malsalami, Patna City, District- Patna. ... ... Petitioner/s Versus
1. The State Of Bihar
2. The Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna. 3. The Additional Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna. 4. The District Magistrate, Vaishali at Hajipur. 5. The Dy. Collector, Land Reforms, Vaishali at Hajipur. 6. The Circle Officer, Raghopur, District- Vaishali. 7. The Circle Officer, Raghopur, District- Vaishali. 8. The Secretary, the Bihar State Road Construction Department, Airport Road, P.S.- Hawai Adda, Patna. 9. Navyug Engineering Company Ltd., represented through its General Manager, Navyug Engineering Compan
10. The Divisional Commissioner, Patna. 11. The District Magistrate, Patna. 12. The Additional Collector, Land Acquisition, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : None. For the Respondent/s : Mr.Md.Nadim Seraj-Gp5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 28-07-2025 No one appears on behalf of the petitioners though the name of Mr. Rajiv Ranjan and Mr. Amit Bhushan are
Patna High Court CWJC No.12339 of 2016(2) dt.28-07-2025 2/5 present in the cause list. 2. The State is represented. 3.
The present petition has been preferred for the following relief/s: (i) to issue a writ in the nature of mandamus commanding the Respondents No. 2 to 8 to grant compensation of the lands which has been earmarked for the construction of road commonly known as "GANGA PATH (Lok Nayak Jai Prakash Path)", as the Anchal Adhikari, Block Raghopur submitted his report stating therein that the lands of the petitioners standing at serial No. 7 & 8 have been taken into possession, but despite of the report submitted by the Anchal Amin of Raghopur Block, the Respondents No. 2 & 3 handed over the lands of the petitioners without adopting any procedure, pertaining to Land Acquisition Act and also without making payment of single farthing to the petitioners; (ii) to issue a writ in the nature of mandamus Patna High Court CWJC No.12339 of 2016(2) dt.28-07-2025 3/5 commanding the Respondents No. 2 to 7 to grant compensation of the lands which has been earmarked for the construction of road commonly known as "GANGA PATH (Lok Nayak Jai Prakash Path)", as the Anchal Adhikari, Block Raghopur submitted his report, disclosing the details which is quoted hereunder :- xzke tkQjk वाद थाना सखया 346 के अनतररत खाता संखया 536 खेसरा नं 1784 एवं 2795 मे रैयतो दारा अपने दखल कबजा मे रखे रए भूमम का मववरण जो रैयतो दारा बताया रया मक रंरा एकसप्रेस वे मनमारण हेतु अमधर्रहण मकया जा रहा है इसका मववरण मनमन प्रकार है। dzekad Dctk/kkfj;ksa dk uke ,oa firk dk uke xzke&Fkkuk ua0 [ksljk ua0 jdok ,0&Mh 7 nsosUnz jk; firk Lo0 uckc jk; bR;kfn fjdkc xat 1784 0&26 1@2 Mh0 8 gjgj jk; firk Lo0 tud jk; bR;kfn fjdkc xat 1784 0&26 1@2 Mh0 but despite of without taking any steps, pertaining to Land Acquisition Act, the lands Patna High Court CWJC No.12339 of 2016(2) dt.28-07-2025 4/5 of the petitioners have forcefully being taken into possession by the Respondents No. 2 & 3 and in same transaction the lands of the petitioners have been handed over to the Respondents No. 11 for construction of "GANGA PATH (Lok Nayak Jai Prakash Path)"; (iii) to ask an explanation-cum-show cause from the Respondents No. 2, 3, 6 & 9 that under what statutory authorization, without taking any legal recourse in contemplation to the Land Acquisition Act, the lands of the petitioners is/are being used for the construction of "GANGA PATH (Lok
Nayak Jai Prakash Path)"; (iv) any other relief or reliefs. 4. Learned State counsel has taken this Court to paragraphs 6 to 9 to submits that it is a Government of Bihar land and Ganga belt which under no circumstance can be claimed by a private person. 5. The counter affidavit was served on 23.01.2024 but
Patna High Court CWJC No.12339 of 2016(2) dt.28-07-2025 5/5 there is no reply/rebuttal to it. 6. However, since there is no appearance, the writ petition is dismissed for non-prosecution. Ravi/- (Rajiv Roy, J) U