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2026 DAILYLAW 19840 (PAT)

Abhay Kumar Pushp v. The State of Bihar

CWJC/8151/2026 · 2026-06-24

Alok Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8151 of 2026 ====================================================== 1. Abhay Kumar Pushp s/o Late Ram Jinesh Roy, resident of Ward No. 15, Loknathpur Ganj Road, PS Dalsinghsarai, Samastipur. 2. Vinay Kumar Poddar@ Binay Kumar Poddar s/o late Deo Narayan Poddar, r/o Malgodam Road Chaklokman PS Dalsinghsarai, Samastipur. 3. Dinesh Prasad Yadav, s/o Dhanik Lal Yadav, r/o Ward No. 3 Maheshi PS Ujiyarpur Samastipur. 4. Amritanshu, s/o Nawal Kishore Sinha, r/o House No. E/4, Professor Coloney, Aghoriya Bazara, Mushahri Muzaffarpur 842002, Proprietor of Mangalam Megamart Malgodam Road Chaklokman PS Dalsinghsarai, Samastipur. 5. Amarkant Choudhary, s/o late Krishnadev Choudhary r/o Ward No. 10, Jayaj Patti PS Dalsinghsarai, Samastipur. 6. Kaushik Kamal, s/o late Mahedra Sah, r/o Chaklokman Ward No. 8 Dalsinghsarai, PS Dalsinghsarai, Samastipur. 7. Ram Chandra Prasad @ Ram Chandra Lal, s/o late Ram Narayan Lal, r/o Chak Lokman PS Dalsinghsarai, Samastipur. 8. Braj Kishor Choudhary, Son of Ram Chandra Choudhary, resident of Kishanpur Tabhka Samartha PS Bibhutipur Samstipur 848160. 9. Kundan Kumar, s/o late Nalin Kumar, r/o Ward No. 2 VIP Coloney Chaklokman PS Dalsinghsarai, Samastipur. 10. Santosh Kumar Prasad, s/o Chandreshwar Prasad r/o Malgodam Road Chaklokman Ward No. 9 PS Dalsinghsarai, Samastipur. 11. Jitendra Kumar, s/o late Surendra Prasad, r/o Malgodam Road Chaklokman Ward No. 9 PS Dalsinghsarai, Samastipur. 12. Madan Mohan Thakur, s/o Chaturbhuj Thakur, r/o Ward No. 6 Laheria Bazar Bhagwanpur Chakshekhu P.S Dalsinghsarai, Samastipur. 13. Sunil Kumar Singh, s/o late Ramsakal Sudhakar, r/o Ward No. 8, Pandh, PO Chakbahadduin PS Dalsinghsarai, Samastipur. 14. Sunil Poddar, s/o late Surya Narayan Poddar, r/o Chaklokman PS Dalsinghsarai, Samastipur. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Road Construction Department, Bihar Patna. 2. The Commissioner, Darbhanga 3. The Collector, Samastipur. 4. The District Land Acquisition Officer, Samastipur. 5. The Chief Engineer, Road Construction Department, Bihar Patna. 6. The Superintending Engineer, Road Construction Division Darbhanga. Patna High Court CWJC No.8151 of 2026(2) dt.24-06-2026 2/3 7. The Executive Engineer, Road Construction Division Darbhanga. 8. The Bihar Rajya Pul Nirman Nigam Ltd., Through its Chairman, 7. Sardar Patel Marg, Veerchand Patel Road Area, Patna, Bihar 800001. 9. The Chairman, Bihar Rajya Pul Nirman Nigam Ltd. 7, Sardar Patel Marg, Veerchand Patel Road Area, Patna, Bihar 800001. 10. The Chief Engineer, Bihar Rajya Pul Nirman Nigam Ltd. Darbhanga. 11. The Executive Engineer, Bihar Rajya Pul Nirman Nigam Ltd. Works Division, Darbhanga Division Darbhanga. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanat Kumar Mishra, Advocate For the Respondent/s : Mr. Deepak Kumar, Addl. Advocate General 07 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR ORAL ORDER 2 24-06-2026 Heard Mr. Sanat Kumar Mishra, learned counsel for the petitioners and Mr. Deepak Kumar, learned counsel for the State. 2. The writ petition has been filed by the petitioners with following prayers:- “(A) For issuance of a Writ of Mandamus (1) for amending the plan for acquisition and construction of the Service Road in the Western side of the ROB from Mahavir Chowk to Railway Crossing No. 32A in Village Chak Lokman, Thana No. 71 Chadar No. 1 Block Dalsinghsarai falling in Ward No. 09(old) (new ward no. 26), Dalsinghsarai Nagar Parishad and for taking only 18 feet from the ROB for constructing the service road including covered drainage from Mahavir Chowk to the railway crossing. (II) for taking measures for correction in the records and Land Acquisition Notice and consider the land and buildings of the petitioners as commercial instead of residential in view of the fact that the said entire stretch is market and shops and shops with residential houses are standing on the land plots under acquisition. (III) revise the MVR and calculate the compensation for the land at the enhanced rate in view of the fact that the MVR has not been revised after 01.04.2014 and (B) For issuance of any other writ(s)/ Patna High Court CWJC No.8151 of 2026(2) dt.24-06-2026 3/3 direction(s)/ order(s) which may deem fit in the facts & circumstances of the case stated hereinafter.” 3. Through this writ petition the counsel for the petitioners has raised the issue of amendment of a plan and the issue of MVR to be calculated for the purpose of compensation. 4. Since, the issues of the petitioners are too broad it can only be addressed in a Public Interest Litigation, I am not inclined to interfere into the policy decision of the State. 5. In view of the aforesaid, the present writ petition stands disposed of with the liberty to the petitioners to pursue their representation before the “Authorities concerned”. 6. It is made clear that if such representation is being filed before the “Authorities concerned”, the same shall be disposed of within a period of three months. khushbu/- (Alok Kumar, J) U