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2026 DAILYLAW 28796 (PAT)

Sumitra Mishra @ Sumitra Devi v. The State of Bihar

CWJC/9940/2026 · 2026-08-07

Rajesh Kumar Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9940 of 2026 ====================================================== Sumitra Mishra @ Sumitra Devi Wife of Shashi Nath Mishra Resident of Village- Lalganj, P.O.- Sarisab Pahi, P.S.- Bhairav Sthan, District- Madhubani. ... ... Petitioner/s Versus 1. The State of Bihar . 2. The Principal Secretary, Department of Revenue and Land Reforms Department, Govt. of Bihar, Patna. 3. The Principal Secretary, Department of Industries, Govt. of Bihar, Patna. 4. The Social Impact Assessment Authorities, Through the Principal Secretary, Department of Revenue and Land, Govt. of Bihar, Patna. 5. The District Magistrate, Madhubani. 6. The District Land Acquisition Officer, Madhubani. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mrs. Anju Mishra, Advocate For the Respondent/s : Mr. S.D. Sanjay, AG Mr. Rahul Kumar, AC to AG ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 2 07-08-2026 Heard learned counsel for the parties. 2. The present writ application in the nature of Public Interest Litigation has been filed for the following reliefs: "a. for issuing a writ, preferably in the nature of certiorari, quashing the notifications contained in memo no 14/DLA Industrial Area, Madhubani, 07/2026 -371 dated 05/03/2026 issued by the respondents, whereby they propose to acquire vast tract of multi-crop agricultural land, situated in village Lohna, P.S Bhairavsthan, Revenue Thana 156, Block Jhanjharpur, District Patna High Court CWJC No.9940 of 2026(2) dt.07-08-2026 2/3 Madhubani, measuring 253.28 acres/102.498 hectares, under the pretext of turning it into a so-called industrial center, while the industrial center itself is conspicuously undefined and unmanifested. b. For declaring the acquisition of the land in questionvide notificationcontained in memo no 14/DLA /Industrial Area, Madhubani, - 07/2026 - 371 dated 05/03/2026 i as illegal, arbitrary and void. c. For staying the impugned notification as contained in memo no 14/DLA /Industrial Area, Madhubani, - 07/2026 -371 dated 05/03/2026 issued by the respondents. d. For staying further and consequential proceedings pursuant to the impugned notifications contained in memo no 14/DLA/Industrial Area, Madhubani, - 07/2026 -371 dated 05/03/2026 e. For issuance of any other appropriate writ/s, order/s, direction/s deemed fit and proper in the facts and circumstances of the case." 3. The following averment has been made by the petitioner in Paragraph No. 3 of the writ application: "3. That the petitioner is one of the landholders of the area of land as proposed to be acquired by the respondents vide the impugned notification, and has raised this issue in represented capacity, purely in public interest, and has nothing to gain either directly or indirectly out of the same." 4. From the aforesaid averment itself, it is evident that the petitioner is one of the landholders whose land is proposed Patna High Court CWJC No.9940 of 2026(2) dt.07-08-2026 3/3 to be acquired. Thus, the petitioner has a direct and personal interest in the subject matter of the present writ application. In such circumstances, the present writ application cannot be entertained as a petition in public interest. 5. The petitioner, if so advised, may seek appropriate remedy in accordance with law for the redressal of her personal grievance. 6. With the aforesaid observation, the present writ application stands disposed of. 7. Pending application(s), if any, shall stand disposed of. Anushka/- (Sudhir Singh, ACJ) (Rajesh Kumar Verma, J) U