IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17719 of 2018 ======================================================

1.1. Amita Thakur W/o- R.P. Thakur Resident of Plot No.- 149, Prashashan Nagar, Road No.- 10, Jubilee Hills, Near Club House, Hyderabad, P.S.-

Jubilee Hills, District- Hyderabad, Telangana.

1.2. Nilesh Kumar S/o Late Shiva Shankar Sharma Resident of Flat No.- 2002, Block- 2, My Home Krishe, Financial, District- Gachibowli, P.S.-

Gachibowli, District- Ranga Reddy, Telangana.

1.3. Ritesh Kumar S/o- Late Shiva Shankar Sharma Resident of Pakka Kuan Lane, Mahendru, Patna, P.S.- Sultanganj, District- Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Rural Works Department, Govt. of Bihar, Patna.

2. The Principal Secretary, Rural Works Department, Govt. of Bihar, Patna.

3. The District Magistrate, Patna.

4. The Chief Engineer, Rural Works Department, Govt. of Bihar, Patna.

5. The Executive Engineer, Rural Works Department, Works Division, Danapur, Bihar Rural Road Development Agency, Patna.

6. The District Land Acquisition Officer, Patna.

7. The Additional Secretary-cum- Additional Chief Executive Officer, Bihar Rural Road Development Agency, Patna. 8. Circle Officer, Phulwarisharif, Patna ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Anil Singh, Advocate Mr.Sanjeet Kumar Singh, Advocate For the State : Mr.Manish Kumar, AC to Ex.AAG-06 ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

5 27-01-2026 Learned counsel for the petitioners pray for and is allowed to implead the Circle Officer, Phulwarisharif, Patna as respondent no.08 in course of the day.

2. Heard Mr. Anil Singh, learned counsel for the petitioners and the State.

3. The present petition has been preferred for the following relief/s:

(i) for commanding the respondents to forthwith vacate the land of the petitioner bearing plot no.8, 233 and a portion of plot no.12, Thana no.58, situated in Mauza- Abbupur-Lodipur in the District of Patna, which has been used for widening and reconstruction of Koriyama Pul to Muradpur Road Measuring 3.150 Κ.Μ. without permission and without acquiring the same after following the due process of law as prescribed under the Bihar Land Acquisition Act;

(ii) for further commanding the respondents to alternatively pay compensation as per the Land Acquisitions Act, for using the land of the petitioner for reconstruction widening of Koriyama Pul to Muradpur Road;

(iii) for grant of any other relief/reliefs for which the petitioner may be found entitled to.

4. The petitioners own the land (as recorded above in the prayer portion) in the district of Patna and the claim is that the plot nos. 8, 233 are their ancestral land registered in the name of the grand father of the petitioner nos. 1.2 and 1.3 namely Mahendra Singh and after his death, it came in the possession of the petitioners late father and his elder brother, Uma Shankar Singh who were paying the rents.

5. The contention in the writ petition is that when the family went to village home, found the pitch road constructed from Koriyama Bridge to Muradpur measuring 3.150 kilometers. It was informed that the construction has been undertaken by the Rural Works Department, Patna through the Contractor, S.B. Engicon Private Limited under the Mukhya Mantri Gram Sampark Yojna (henceforth for short ‘the Yojna’)

6. It has been alleged in the writ petition that the said road has been constructed on their ancestral land without any approval/permission from them/family members as also without resorting to the Land Acquisition Act and in that background;

the prayer is/are that:

(i) since it has been constructed without permission/compensation, it has to be removed;

(ii) in case, the respondents come to the conclusion that the construction has been made on the ancestral land and the same is essential for the general people, they have