IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3938 of 2016 ====================================================== 1. Deep Kumar Sahni and Ors Son of late Parikshan Sahni 2. Ranjeet Sahni son of laldhari Sahni 3. Sanjivan Sanhi son of late Bindeshwar Sahni 4. Jivachch Sahni son of Ganga Sahni 5. Parsuram Sahni son of Hira Sahni 6. Bechu Sahni son of late Jagdeo Sahni 7. Lalan Sahni son of Chalitra Sahni 8. Ram Ekbal Sahni Son of late Choudhary Sahni 9. Ram Karan Sahni son of late suba Lal Sahni. All are resident of Village- Balhaghat P.s Bisfi District Madhubani. ... ... Petitioners Versus 1. The State Of Bihar 2. The Secretary, Rural Work Department ,Government of Bihar, Patna. 3. The Collector, Madhubani District Madhubani. 4. The Deputy Development Commissioner Madhubani. 5. The Executive Engineer Rural Engineering Organization Madhubani. 6. The Superintendent Engineer, Rural Engineering Organization, Madhubani District Madhubani. 7. The Junior Engineer Rural Engineering Organization, Madhubani District Madhubani. 8. The Circle Officer, Block Bisfi District Madhubani. ... ... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Chaudhary Prem Kumar Thakur, Advocate For the Respondent/s : Mr. Rajesh Kumar, GP-19 For the State : Mr. Mrigendra Kumar, AC to GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 6 16-04-2025 Heard Mr. Chaudhary Prem Kumar Thakur, learned Advocate for the petitioners and Mr. Mrigendra Kumar, learned AC to GP-20 for the State. 2. Learned counsel appearing for the petitioners Patna High Court CWJC No.3938 of 2016(6) dt.16-04-2025 2/5 submits that this writ has been filed for issuance of writ in the nature of mandamus commanding the respondents to not construct the road on the khatiyani land of the petitioners and their family members, which as per the petitioners is going to be constructed (earthwork has already commenced) illegally without considering the objections of the petitioners in this regard and without following the due process of law as required for acquisition of the land and giving of compensation. In paragraph-5 of the writ application, the petitioners have given description of the lands over which the petitioners allege that the respondents are wanting to construct the land. Paragraph-5 of the writ petition is quoted hereinbelow for the needful:- 5. That the description of lands in question is as follows: Thana No. Khata No. Khesara No. Rakba Pet. No. 1: 157 269 1685 8.32 decimals Pet. No. 2: 157 545 1667 15.061 decimals Pet. No. 3: 157 584 1663 11.45 decimals Pet. No. 4: 157 135 1684 06.024 decimals Pet. No. 5: 157 ---- 1612 19.45 decimals Pet. No. 6: 157 By the side of Parsuram Sahni 06.00 decimals Pet. No. 7: 157 House by the side of Bechu Sahani Pet. No. 8: 157 ---- 1651 04.016 decimals Pet. No. 9: 157 House is in continuity of other petitioners Patna High Court CWJC No.3938 of 2016(6) dt.16-04-2025 3/5 3. In compliance of the order dated 14.11.2024, the District Magistrate, Madhubani has filed a supplementary affidavit. In paragraph-3 of the supplementary affidavit it has been admitted that the lands in question are being used as kacchi sadak at present. Paragraph-3 of the supplementary affidavit filed by the District Magistrate, Madhubani is quoted hereinbelow for the needful:- 3. That pursuant to the description of lands given by the petitioners in paragraph No. 5 of the writ petition, the Sub-Divisional Officer, Benipatti vide his letter No. 1681 dated 22.10.2024 called for a report from the Circle Officer, Visfi who got the site/land inspected by Revenue Karamchari and In-Charge Circle Inspector and accordingly submitted the inspection report vide his letter No. 1296 dated 30.10.2024 giving details of lands and the name of concerned persons whose land are being used in Kacchı Sadak at present, which has been shown in the report under a column which is as follows:- Sl. No. Khesra No. Area Name of Concerned Persons 1 1661 01 dec. Bechu Sahni S/O Late Jagdeo Sahni 2 1662 04 dec. Parsuram Sahni S/O Heera Sahni 3 1663 3.5 dec. Mahavir Sahni S/O Saryug Sahni and Sanjeevan Sahni S/O Bindeshwar Sahni 4 1668 1.3 dec. Ashok Sahni S/O Surendra Sahni Patna High Court CWJC No.3938 of 2016(6) dt.16-04-2025 4/5 5 1667 03 dec. Ranju Sahni S/O Late Laldhri Sahni 6 1684 2.5 dec. Jeevachh Sahni S/O Late Ganga Sahni and Ramchandra Sahni S/O Sukul Shani 7 1685 2.6 dec. Deep Kumar Sahni S/O Late Parikshan Sahni 8 1687 1.1 dec. Sundhari Sahni and Ram Karan Sahni and Lakhan Sahni S/O Late Suvalal Sahni 9 1686 2.8 dec. Deep Kumar Sahni S/O Late Parikshan Sahni and Ganor Sahni S/O Vishnu Sahni 10 1697 1.5 dec. Sundhari Sahni etc S/O Suvalal Sahni 11 1698 1.5 dec. Sundhari Sahni etc S/O Suvalal Sahni 12 1702 2.2 dec. Sundhari Sahni etc S/O Suvalal Sahni and Paltu Sahni S/O Muneshar Sahni 13 1703 0.6 dec. Munijee S/O Kuwar Kalyan Thakur 4. Further in paragraph-10, it has been stated by the District Magistrate, Madhubani that if any pakka construction will be made over the raiyati land of the petitioners then they shall be adequately compensated for the same in accordance with law. 5. From the supplementary affidavit filed by District Magistrate, Madhubani, it is absolutely clear that the lands in question belonging to the petitioners are being illegally used as kaccha sadak by the respondents and they are only willing to give compensation to the petitioners if in future any pakka construction of road is made over those lands in question. Law Patna High Court CWJC No.3938 of 2016(6) dt.16-04-2025 5/5 is well-settled that if any raiyati land is to be used for the purposes of construction of roads either kaccha or pakka, it has to be properly acquired as per law and adequate compensation has to be paid to the land owners, which apparently has not been done in the present case. The respondents are, therefore, directed not to use the lands belonging to the petitioners as described above either for the purposes of kaccha road or for the purposes of pakka road until and unless the same is acquired in accordance with law and suitable compensation has been paid to the petitioners. 6. With the above observations and directions, the present writ application is allowed to the extent indicated above and all pending Interlocutory Applications, if any shall stand disposed of. Gaurav Sinha/- (Alok Kumar Sinha, J) U