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2025 DAILYLAW 54044 (PAT)

Yogendra Thakur v. The State of Bihar

CWJC/10758/2025 · 2025-07-10

Rajiv Roy

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10758 of 2025 ====================================================== 1. Yogendra Thakur son of Lalji Thakur, resident of Village- Vaishali, Near High School Chowk, P.S. and Dist.- Vaishali. 2. Ramlal Mahto, Son of Late Dawal @ Dhawal Mahto, resident of Village- Harpur Basant, Chakramdas P.S. and Dist. - Vaishali. 3. Jay Kishun Mahto, Son of Late Dawal @ Dhawal Mahto, resident of Village- Harpur Basant, Chakramdas P.S. and Dist. - Vaishali. 4. Rinku Kumari, Wife of Jitendra Choudhari, resident of village, P.O. and P.S. - Desari, Dist. - Vaishali. 5. Sunil Kumar @ Sunil Kumar Sharma, Son of Kishori Sharma, resident of Village- Vaishali, Near High School Chowk, P.S. and Dist. - Vaishali. 6. Kalveer Rai, Son of Kishori Sharma, resident of Village- Ward No. 3, Vaishali, P.S. and Dist. - Vaishali. ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary, Department of Revenue and Land Reforms, Bihar, Patna. 2. The Secretary, Department of Revenue and Land Reforms, Bihar, Patna. 3. The Director, Land Acquisition, Govt. of Bihar, Patna. 4. The Regional Director, National Highway Authority of India, Regional Office, Patna. 5. The Divisional Commissioner, Tirhut Division, Muzaffarpur. 6. The District Magistrate-cum-Collector, Vaishali. 7. The Competent Authority-Cum-Land Acquisition Officer, Vaishali. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar, Adv. For NHAI : Mr. Kumar Goutam, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 10-07-2025 Heard the parties. 2. The present writ petition has been preferred for the following relief(s): (i) For issuance of a writ of mandamus directing the Respondents Patna High Court CWJC No.10758 of 2025(2) dt.10-07-2025 2/4 forthwith to cease all activities on the Petitioner's land and restore possession to the Petitioners and to restrain the respondents, their agents, subordinates, or any person acting on their behalf, from taking possession of, or carrying out any construction or development activity on, the land of the Petitioners, pending the final disposal of this writ petition. The land in question is situated under Mauza -Basadh @ Vaishali and specifically includes the Khata Nos. 197 & 1952, Khesara Nos. 5721 and 5725, measuring 41 dismils and 32 dismils, Khata Nos. 2445 & 2368, Khesara Nos. 5719 and 5720, measuring 15 dismils and 13 dismils, Khata No. 2023, Khesara No. 5723, measuring 10 dismils on the ground that the Respondents have illegally acquired the said land without issuing any prior notice to the Petitioners and without payment of any compensation till date. (ii) For issuance of an appropriate writ, order, or direction in the nature of Mandamus, directing the Respondents to make payment of compensation to the Petitioners for the land acquired considering the correct classification, nature, actual use, and prevailing market value of the said land, along with applicable interest and solatium as per law. Patna High Court CWJC No.10758 of 2025(2) dt.10-07-2025 3/4 (iii) Pass such other and further orders as this Hon'ble Court may deem fit and proper in the interest of justice. 3. The matter relates to: The land in question which is situated under Mauza -Basadh @ Vaishali and specifically includes the Khata Nos. 197 & 1952, Khesara Nos. 5721 and 5725, measuring 41 dismils and 32 dismils, Khata Nos. 2445 & 2368, Khesara Nos. 5719 and 5720, measuring 15 dismils and 13 dismils, Khata No. 2023, Khesara No. 5723, measuring 10 dismils. 4. The matter relates to construction of National Highway- 139(W) and the petitioners claim that though their lands are also being taken, no compensation amount has been extended. 6. In case, the petitioners approach separately/individually along with the relevant documents after hearing all the concerned parties, the respondent-Competent Authority-cum-Land Acquisition Officer, Vaishali is duty-bound to take the matter to its logical conclusion within a period of next four months. 7. If the petitioner(s) is/are entitled to the compensation, it goes without saying that the said process has to Patna High Court CWJC No.10758 of 2025(2) dt.10-07-2025 4/4 be completed at an earliest. 8. The writ petition is disposed of with aforesaid observation. Vijay Singh/- (Rajiv Roy, J) U