##PAGE1##

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1186 of 2026

======================================================

Mahesh Saw Son of Late Parmeshwar Saw, Resident of Village- Babua Bazar,

P.S.- Piri Bazar, District -Lakhisarai. At present- 351, Majitha Road,

Dashmesh Avenue, Amritsar (Punjab), PIN- 143008

... ... 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, District- Lakhisarai.

... ... Respondent/s

======================================================

Appearance :

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

For the Respondent/s : AC to SC 15

For the UoI : Mr. Girijesh Kumar, Advocate

======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL JUDGMENT

Date : 31-01-2026

Heard Mr. Mayank Bilochan, learned counsel

appearing on behalf of the petitioner; learned AC to SC 15 for

the State and Mr. Girijesh Kumar, learned counsel for the Union

of India.

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.

Patna High Court CWJC No.1186 of 2026 dt.31-01-2026

2/10

(iii) For issuance of an appropriate writ

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 dispute relates to land situated at Mauza-Laxmipur,

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

measuring an area of 5.12 decimals. The father of the petitioner,

namely Late Parmeshwer Saw, purchased the said land from the

ex-raiyat, Ramakrishna Prasad, vide a registered sale deed dated

28.05.1992, and thereafter came in peaceful possession of the

land. His name was duly mutated in the revenue records vide

Jamabandi No. 319 of Mauza-Laxmipur, and rent receipts were

issued in his favour. After his demise in the year 2020, the said

land devolved upon his sons, namely Mahesh Saw and Gunjan

Kumar, and pursuant to a partition dated 08.05.2021, the land

fell to the share of the petitioner, who has been in actual,

peaceful possession and has been regularly paying rent. It is

alleged that all of a sudden on 10.12.2025, officers of Eastern

Railway, Jamalpur Section, along with contractors, started

storing construction materials and carried out soil filling over

the petitioner’s land for construction of a railway underpass near

Bariyarpur Railway Crossing, without initiating any land

Patna High Court CWJC No.1186 of 2026 dt.31-01-2026

3/10

acquisition proceedings. Upon objection, the petitioner was

allegedly threatened by the railway officials. It is the specific

case of the petitioner that no notice of acquisition has been

served upon him nor any compensation paid. The petitioner

submitted representations dated 24.12.2025 before the General

Manager, Eastern Railway, Kolkata, and also before the District

Magistrate, Lakhisarai, seeking stoppage of the construction and

vacation of his land, but no action has been taken, compelling

the petitioner to approach this Court

4. Learned counsel appearing on behalf of petitioner

submitted