Patna High Court
CWJC/10197/2026 of Naresh Prasad Singh Vs The State of Bihar on 20 July 2026
COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10197 of 2026 ====================================================== 1. Naresh Prasad Singh son of Baidyanath Prasad Singh, resident of Ward No.4, Tajpur Road, Dharampur, Samastipur. 2. Amar Nath Prasad Singh son of Awadhesh Pd. Singh,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10197 of 2026
======================================================
1.
Naresh Prasad Singh son of Baidyanath Prasad Singh, resident of Ward No.4, Tajpur Road, Dharampur, Samastipur.
2.
Amar Nath Prasad Singh son of Awadhesh Pd. Singh, resident of Ward No.4, Tajpur Road, Dharampur, Samastipur.
3.
Chandra Bhusan Prasad Singh, son of Awadhesh Pd. Singh, resident of Ward No.4, Tajpur Road, Dharampur, Samastipur.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Revenue and Land Reforms, Patna, Bihar.
2.
The Principal Secretary, Road construction Department, Patna, Bihar.
3.
The District Magistrate-cum-Collector, Samastipur, Bihar.
4.
The District Land Acquisition Officer, Samastipur, Bihar.
5.
The Circle Officer, Samastipur, District-Samastipur.
6.
The Anchal Amin, Samastipur Anchal, District-Samastipur.
7.
The Senior Project Manager, Bihar Rajya Pul Nirman Nigam Ltd., Samastipur.
... ... Respondent/s
Appearance :
For the Petitioner/s
:
Mr.Dharmesh Kumar, Advocate
For the Respondent/s
:
Mr.Standing Counsel (16)
For BRPNNL
:
Mr. P.K. Shahi,Sr. Advocate
Mr. Raju Patel, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
20-07-2026 Heard Mr.Dharmesh Kumar, learned counsel for the petitioners and the State as also Mr. P.K. Shahi, Senior Counsel for the BRPNNL.
2. The present petition has been preferred for the following relief/s:
(i) for issuance of writ in the nature of writ of mandamus not to encroach raiyati lands of the petitioners bearing Khesra No.1292, Mauza-Dharampur, Thana No.175, Anchal-
Samastipur as the Respondents on the basis of measurement on the scale of 16"=1 Mile although cadastral survey map is on the scale of 64"=1 Mile as Khesra No.1292 of Mauza-Dharampur, Thana No.175, Anchal- Samastipur is not under the acquisition Notification issued by Revenue and Land Reforms Department vide initial Notification No.30/2013 Under Section 11(1) by the District Magistrate, Samastipur by which notified for acquisition of land of Mauza- Dharampur, Thana No.175, Anchal- Samastipur, Total 1.47078 Acre (0.5952 Hectare) to be acquired for approach road and ROB situated between Samastipur and Karpoorigram Rly. Station in place of LC No.53A on Samastipur-Pusa Road;
(ii) for issuance of writ of mandamus commanding the Respondents to take possession over 0.01161 Acre only which has been acquired vide Notification No.30/2013 Under Section 11(1) issued by the D.M.
Samastipur as the Respondents in most arbitrary, illegal and unreasonable manner after measuring the land on 16" scale and making encroachment over remaining land of Khesra No.1291 of Mauza-Dharampur, Thana No.175, Anchal-Samastipur for the abovementioned project;
(iii) for issuance of writ commanding the Respondents to demarcate the boundary between Plot No.191 and 192 after proper measurement using records as per survey before taking possession of the land as per notification;
(iv) for a direction to consider the objection dated 17.3.2026 filed by the petitioners and pass necessary orders in accordance with law and as per records of the land as taking possession in illegal manner and making illegal, unauthorized and arbitrary encroachment violates Article 300A of the Constitution of India;
(v) for grant of any other relief/reliefs for which the petitioner is legally entitled in the facts and circumstances of the case.
3. The matter relates to a piece of land and the details of which has already stands incorporated in para-1 of the petition and need no repetition.
4. After some argument, learned counsel for the petitioners submits that it will suffice if the case is taken up by the respondent no.03, the Collector, Samastipur and holds an enquiry and pass reasoned order.
5. The respondents present here have no objection to it.
6. In that background, the writ petition is disposed of allowing the petitioner to file a proper petition before the respondent no.03, the Collector, Samastipur who shall be holding an enquiry and shall pass a reasoned order in accordance with law after hearing all the parties.
7. The entire exercise is to be completed within a period of four months from the date the petition is received in his/her office.
8. The writ petition is disposed of. Ravi/- (Rajiv Roy, J) U