Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 6175 (PAT)

Sunil Kumar Ishwar v. The State of Bihar

CWJC/7981/2025 · 2026-05-12

Rajiv Roy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7981 of 2025 ====================================================== 1. Sunil Kumar Ishwar S/o Late Rambabu Ishwar, Resident of Village- Bhawanipur, P.S.- Mansur Chak, Dist- Begusarai. 2. Vijay Prasad Gupta, S/o Late Badrilal Gupta, R/o Village- Bhawanipur, P.S.- Mansoorchak, District- Begusarai. 3. Sanjay Prasad Gupta, S/o Late Ramnath Gupta, R/o Village- Bhawanipur, P.S.- Mansoorchak, District- Begusarai. ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary, Road Construction Deptt., Govt. of Bihar, Patna. 2. The Additional Principal Secretary, Road Construction Department, Govt. of Bihar, Patna. 3. The Collector, Begusarai. 4. The Sub Divisional Officer, Teghra. 5. The Circle Officer, Mansurchak. 6. The Executive Engineer, Begusarai Division, Road Construction Department, Begusarai. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Madan Prasad Singh No.2, Adv. For the Respondent/s : Mr. Government Pleader (27) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 12-05-2026 Heard Mr. Madan Prasad Singh, learned counsel for the petitioner and Mr. Prabhakar Jha, learned GP-27. 2. The present application has been preferred for the following reliefs: (i) For issuance of writ of prohibition restraining the Respondents from taking forceful possession of thepetitioners' land bearing khata no.-193, plot no.-1226, 1519, 1227 and Khata No.-10, Plot No.-01, area 8.5 dhurs and khata no.-193 plot no.-1228/229/1518 area 9.3 dhurs Patna High Court CWJC No.7981 of 2025(2) dt.12-05-2026 2/2 situated at village Bhawanipur and Alamchak, P.S.-Mansurchak, District- Begusarai to widen Dalsingsarai-Kaidrawad-Malti Road. (ii) For issuance of writ of mandamus commanding the respondents to pay Compensation at the present market rate plus 100% solatium of the compensation amount with interest @ rate of 12% per annum on the market value of the land from the date of taking possession till the date of payment as per Sec. 30 of the Land Requisition Act 2013. 3. Though learned counsel for the State submits that it is a stale claim and another writ petition vide CWJC No. 1353 of 2017 relating to compensation is already pending, learned counsel for the petitioner submit that it will suffice if they are allowed to represent before the respondent No. 3, the Collector, Begusarai. 4. In view of the limited prayer made by the petitioners, the writ petition is disposed of allowing them to move before the concerned respondent no. the Collector, Begusarai in next four weeks who shall be looking into the matter, seeking report and then pass a reasoned order in accordance with law. Vijay Singh/- (Rajiv Roy, J) U