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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1185 of 2026

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Rita Devi Wife of Shailendra Kumar, Resident of Village- Piribazar, P.S.-

Piribazar, Block- Suryagarha, District- Lakhisarai.

... ... Petitioner/s

Versus

1. The Union of India through the General Manager, Eastern Railway, Kolkata.

2. The D.R.M. Eastern Railway, D.R.M. Office, Malda, West Bengal.

3. The State of Bihar Through, Principal Secretary, Land and Revenue

Department Bihar, Patna.

4. The District Magistrate, Lakhisarai.

5. The Sub-Divisional Officer, Lakhisarai Sadar, District- Lakhisarai.

6. The Superintendent of Police, Lakhisarai.

7. The Circle Officer, Suryagarha Anchal, District- Lakhisarai.

8. The S.H.O., Piri Bazar, Police Station, Lakhisarai

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Mayank Bilochan, Advocate

For the Respondent/s : Mr. Girijesh Kumar, Advocate

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL JUDGMENT

Date : 31-01-2026

Heard Mr. Mayank Bilochan, learned counsel

appearing on behalf of the petitioner and Mr. Girijesh Kumar,

learned counsel for the respondets.

2. The petitioner in paragraph no. 1 of the present writ

petition has sought, inter alia, the following relief(s), which is

reproduced hereinafter:-

“(i) For issuance of an appropriate writ

commanding the respondents not to construct the

Railways Under Pass, over the land of petitioner which

is Raiyti/Purchase land of the petitioner.

(ii) For issuance of an appropriate writ

restraining the respondents not to make any interference

in the peaceful possession of the petitioner.

(iii) For issuance of an appropriate writ

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commanding the respondent to first acquire the land

under the provision of land acquisition act and pay the

compensation or vacate the land of the petitioner.

(iv) For any other relief or reliefs for which

petitioner is entitled.”

3. The brief facts of the case are that the subject

matter of the dispute relates to land situated at Mauza-Laxmipur,

Thana No. 81, Tauzi No. 5443, Khata No. 62, Khesra No. 77,

measuring an area of 2.58 decimals. The petitioner purchased

the said land from the ex-raiyat, Bhaso Saw, son of Late Kashi

Saw, vide registered Sale Deed No. 4509 dated 25.08.2008, and

thereafter came in peaceful possession of the land. The

petitioner has been exercising her right, title and interest over

the land and has been regularly paying rent to the State of Bihar

vide Jamabandi No. 313 of Mauza-Laxmipur. It is alleged that

on 10.12.2025, officers of Eastern Railway, Jamalpur Section,

along with contractors, entered upon the petitioner’s land,

carried out soil filling and stored construction materials for

construction of a railway underpass near Bariyarpur Railway

Crossing, without initiating any land acquisition proceedings.

Upon objection, the petitioner was informed that the land would

be acquired and was allegedly threatened for obstructing

government work. It is the specific case of the petitioner that no

notice of acquisition has been served upon her nor has any

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compensation been paid. Representations dated 17.12.2025 and

18.12.2025 were submitted before the District Magistrate,

Lakhisarai and the General Manager, Eastern Railway, Kolkata,

seeking stoppage of the construction and vacation of her land,

but no action was taken. Aggrieved by the alleged illegal use of

her land without acquisition or compensation, resulting in

deprivation of her right to property under Article 300-A of the

Constitution of India, the petitioner has approached this Court

4. Learned counsel appearing on behalf of petitioner

submitted that a representation has already been filed before the

different respondents including the Railway Authorities/District

Magistrate, Lakhisarai (Annexure- P/2 and P/3 respectively