IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2760 of 2026 ====================================================== Devanand Pandey Son of Late Deep Narayan Pandey Resident of Village- Maksarpur, P.S.- Baypass, District- Bhagalpur. ... ... Petitioner/s Versus 1. The State of Bihar through the Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2. The District Magistrate, Bhagalpur. 3. The Circle Officer, Jagdishpur, District- Bhagalpur. 4. The Executive Engineer, District Rural Development Authority, Bhagalpur. 5. Panchyat Secretary, Gram Panchyat Baijani, Bhagalpur. 6. Mukhia, Gram Panchyat Baijani, Bhagalpur. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Nand Gopal Mishra, Advocate For the Respondent/s : AC to Standing Counsel (18) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 2 19-02-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State. 2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, the following relief(s), which is reproduced hereinafter:- “1. That the petitioners in this writ petition seeks the following reliefs :- (I) Issuance of an appropriate writ/order or direction declaring the act of Respondent of constructing a road up on the raiyati land of petitioner under Pradhan Mantri Gramin Sadak Yojna without initiating any process for acquisition of his land and without paying compensation to him as illegal, arbitrary without jurisdiction and void. (ii) Further for issuance of an appropriate writ / order/direction commanding the respondents to restore the possession to land to the Patna High Court CWJC No.2760 of 2026(2) dt.19-02-2026 2/3 petitioner. And/Or (iii) In alternative an appropriate writ / order or direction commanding the respondents to make payment of compensation determined under the proviso of law from the date of dispossession till the date of payment of compensation amount 40 the petitioner along with interest after proper Majerment of the acquired area. (vi)Any other relief/ reliefs to which the petitioner is found entitled be also granted to him.” 3. Learned counsel appearing on behalf of the petitioner, being mindful of the mandate of Article 243G of the Constitution of India, submitted that pursuant to a resolution of the Gram Panchayat with respect to subjects enumerated in the Eleventh Schedule of the Constitution of India, steps were taken for construction of a road under the Pradhan Mantri Gram Sadak Yojana. Learned counsel submitted that the petitioner’s land appertaining to Mouja Maksarpur, Khata no. 42, khesra No. 75, Area 0.46 Decimals, Mauja Phulbaria Khata No. 74, Khesra no. 246, Area 612 Decimals, khata no. 147 khesra No. 247 Area- 1.20½ decimals, Total Area of 2-8 (Two Acres eighty eight decimals) illegally, without his consent, has been acquired for construction of the village road. The Gram Panchayat failed to take into consideration the letter issued by the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, contained in Memo No. 3578 dated 17.06.2013. He also referred to the relevant constitutional provisions and Patna High Court CWJC No.2760 of 2026(2) dt.19-02-2026 3/3 pointed out that this Court has passed a detailed order in CWJC No. 14927 of 2021 on the similar issue. He further submitted that construction of the road over the petitioner’s raiyati land, having been carried out without his consent, is illegal and liable to be removed in terms of the conditions stipulated in Memo No. 3578 dated 17.06.2013. The petitioner seeks liberty to file a detailed representation before the District Magistrate-cum- Collector, Bhagalpur, for appropriate and immediate action for removal of the road constructed over his raiyati land to protect his right as contained in Article 300A of the Constitution of India. 4. Considering the aforesaid submissions, the present writ petition stands disposed of with a direction to the District Magistrate-cum-Collector, Bhagalpur, to ensure removal of the illegal construction of road over the land identified by the petitioner by complying with the instruction contained in Memo No. 3578 dated 17.06.2013 without delay. 5. Timely action by the executive for protecting right of a citizen is the duty of executive by correcting their action. Accordingly, the present application stands disposed of. Ashishsingh/- (Purnendu Singh, J) U