IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14478 of 2019 ====================================================== Prabhakar Pandey @ Prabhakar Das Son of Late Sadhu Sharan Das Resident of Village- Mirganj, P.O. and P.S. - Mirganj, District- Gopalganj. ... ... Petitioner/s Versus 1. The State of Bihar Through the Principal Secretary, Department of Urban Development and Housing, Govty. of Bihar, new Secretariat, Patna. 2. The District Magistrate - cum - Collector Gopalganj, District- Gopalganj. 3. The Sub-Divisional Officer, Sub-Division Office, Hathua, P.s.- Hathua, District- Gopalganj. 4. The Nagar Panchayat, Mirganj through its Executive Officer. 5. The Executive Officer, Nagar Panchayat, Mirganj, P.S.- Mirganj, District- Gopalganj. 6. The Chairman, Nagar Panchayat, Mirganj, P.S.- Mirganj, District- Gopalganj. 7. The District Land Acquisition Officer, Gopalganj, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Nityanand Mishra, Advocate Mr. Alok Abhinav, Advocate Ms. Diksha Kumari, Advocate For the Respondent/s : Mr.Yogendra Prasad Sinha ( Aag7 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 4 13-01-2026 Heard the parties. 2. The present petition has been preferred for the following relief/s: (i) for issuance of a writ in the nature of mandamus directing/commanding the respondents specially the respondent no.5 (The Executive Officer, Nagar Panchayat, Mirganj) to remove the encroachment from the land of the petitioner which was encroached by way of constructing the road Patna High Court CWJC No.14478 of 2019(4) dt.13-01-2026 2/4 over the land of the petitioner bearing Khata No.527, Plot No.972, Area 01 katha 02 dhurs, Khata No.535 Plot No.981, Area 16 dhurs and Khata No.123 Plot No.979, Area 02 kathas 3 dhurs; (ii) for further direction to the respondents specially the respondent no.5 (The Executive Officer, Nagar Panchayat, Mirganj) to pay the compensation along with admissible interest to the petitioner, if the said encroachment is not removed by The Executive Officer, Nagar Panchayat, Mirganj (respondent no.5) who without taking permission of the petitioner constructed the road over the land of the petitioner. Not only this, the respondent no.5 without initiating the acquisition proceeding of the said land of the petitioner and without paying the compensation to the petitioner constructed the road over the said land of the petitioner; (iii) for any other relief/reliefs for which the Patna High Court CWJC No.14478 of 2019(4) dt.13-01-2026 3/4 petitioner is entitled to in accordance with law.. 3. The claim of the petitioner is that the road that has been constructed by the Nagar Panchayat, Mirganj, Gopalganj includes 01 katha 02 dhurs of his plot no. 972. 4. The counter affidavit of the Nagar Panchayat, Mirganj, Gopalganj shows that number of sell-purchase took place, a kachha road was being used by the locals and to facilitate their movement, it was constructed without any objection by anyone much less the petitioner. 5. Learned counsel for the petitioner refute the said stand of the Nagar Panchayat, Mirganj, Gopalganj submitting that repeatedly, the respondents were informed about the construction being done without permission taken by him. 6. The Nagar Panchayat, Mirganj, Gopalganj is unrepresented and as such this Court is unable to get any assistance in the matter. 7. In that background, the writ petition is disposed of allowing the petitioner to approach the Executive Officer, Nagar Panchayat, Mirganj, Gopalganj in next four weeks alongwith all the relevant documents to satisfy that: (i) the land belongs to him/his family Patna High Court CWJC No.14478 of 2019(4) dt.13-01-2026 4/4 members; (ii) part of the plot no. 972(area 01 katha 02 dhurs has been taken for the construction of the road; (iii) no permission was taken; (iv) he is entitled to the compensation. 8. If such petition is preferred, the Executive Officer, Nagar Panchayat, Mirganj, Gopalganj is duty bound to notice/hear all the parties and pass a reasoned order on the said petition. 9. Needless to add, if the Executive Officer, Nagar Panchayat, Mirganj, Gopalganj comes to the conclusion that the petitioner/family members have proved their claim over the land in question which has been taken for construction without permission and if the finding is that he is entitled to compensation, the same has to be cleared at an earliest. 10. The writ petition is disposed of. Ravi/- (Rajiv Roy, J) U