Patna High Court
CWJC/11086/2026 of Sanjay Baitha Vs The State of Bihar on 24 July 2026
COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11086 of 2026 ====================================================== Sanjay Baitha son of Jaymangal Baitha, resident of Village- Narha Panapur, P.S.- Tetariya, District- East Champaran. ... ... Petitioner/s Versus 1. The State of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11086 of 2026
======================================================
Sanjay Baitha son of Jaymangal Baitha, resident of Village- Narha Panapur, P.S.- Tetariya, District- East Champaran.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.
2.
The Collector, East Champaran at Motihari.
3.
The Sub-Divisional Officer, Dhaka, East Champaran.
4.
The Executive Engineer, Road Division, Dhaka, East Champaran.
5.
The Circle Officer, Tetariya Circle, East Champaran.
... ... Respondent/s
Appearance :
For the Petitioner/s
:
Mr. Karandeep Kumar, Adv.
For the Respondent/s
:
Mr. Manish Kumar, GP-4
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
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ORAL ORDER
24-07-2026 Heard the parties.
2. The present application has been preferred for the following relief(s):
(i) for issuance of a writ of mandamus restraining the respondent authorities from encroachment constructing the road i.e. Tetariya-Narha-Narwara Path over the petitioner's khatiyani/raiyati land appertaining to Khata No. 246, Khesra No. 1219, Tauzi No. 311, Thana No. 60 and Khata No. 250, Khesra No. 2698, Tauzi No. 311, Thana No. 60 both the land situated under Mauza- Narha Panapur, Tetariya Anchal, District- East Champaran.
Patna High Court CWJC No.11086 of 2026(2) dt.24-07-2026
(ii) Also, for directing the respondent authorities to make measurement of the land of the petitioner and demarcate the same in the presence of all concerned parties on the basis of representation dated 09.02.2026 given by the petitioner to the District Magistrate, East Champaran.
(iii) Also, for directing the respondent authorities to construct the road over the existing public road/gairmazarua land instead of the petitioner's raiyati land.
(iv) Also, for in the alternative, if the land is required for a public purpose, directing the respondent authorities to acquire the land in accordance with law after payment of compensation as provided under the law.
(v) Also, for grant of an interim order staying further construction over the raiyati land of the petitioner during the pendency of the writ application.
(vi) And for grant of any other relief(s) as per the facts and circumstances of this case.
3. After some argument, learned counsel for the petitioner submits that it will suffice, if his case is taken up by the Collector, East Champaran at Motihari (respondent no. 2) and dispose it of.
Patna High Court CWJC No.11086 of 2026(2) dt.24-07-2026
4. Learned State counsel has no objection to the said stand of the petitioner.
5. In that background, learned counsel for the petitioner undertakes to file fresh representation in next four weeks alongwith all the supporting documents.
6. If such petition is preferred in next four weeks, the Collector, East Champaran at Motihari shall take up the matter after hearing the parties, it is expected that the same be taken to its logical conclusion at an earliest.
7. The writ petition is disposed of.
8. It is made clear that if the Collector, East Champaran comes to the conclusion that the claim of the petitioner is genuine and in case, the construction work is ordered to be removed, the responsibilities must be fixed and the amount so invested be realized in accordance with law from the erring officials.
Vijay Singh/- (Rajiv Roy, J) U