IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2268 of 2026 ======================================================

1. Sidheshwar Singh s/o Late Sohan Lal, R/o House No. 9, Dujra Devi Sthan, S.B.I. Front Lane, Durja, P.S.- Buddha Colony, District- Patna.

2. Msmt. Anita Kumari, W/o Late Anant Kumar, S/o Late Sohan Lal, R/o House No. 9, Mukhiyaji Ki Gali, Durja, P.S.- Buddha Colony, District-

Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

3. The District Magistrate-cum-Collector, Patna.

4. The Bihar Urban Infrastructure Development Corporation through its Managing Director having office at West Boring Canal Road, North Anandpuri, Buddha Colony, District- Patna.

5. The Project Director, Bihar Urban Infrastructure Development Corporationh, West Boring Canal Road, North Anandpuri, Buddha Colony, District- Patna.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr.Sudarshan Kumar, Advocate For the Respondents : Mrs.Kumari Anita, GP 3 Mr.Rajesh Kumar, AC to GP 3 ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL JUDGMENT

Date : 12-02-2026 Heard Mr. Sudarshan Kumar, learned counsel appearing on behalf of the petitioners and Mrs. Kumari Anita, learned GP 3 along with Mr. Rajesh Kumar, learned AC to GP 3 for the State.

2. The petitioners in paragraph no. 1 of the present writ petition have sought inter alia following relief(s), which is reproduced hereinafter:-

“a) For issuance of a writ in the nature of mandamus directing and commanding the Respondent authorities to forthwith restrain from carrying out any construction or project activity on the private land of the Petitioners situated at Khata No. 65, Khesra No. 50, Area 64 Decimal, Circle Patna Sadar, Mouja - Durja, District- Patna after conducting a Fresh Scientific Mapping and Demarcation.

b) Further for declaration and holding that the land bearing Khata No. 65, Khesra No. 50, Area 64 Decimal, Circle - Patna Sadar Mouja- Durja, District- Patna is private, ancestral property of the Petitioners and not a Government land, and therefore, the Respondent authorities have no right, title, or interest to encroach upon or occupy the said land without initiating valid land acquisition proceedings and providing due compensation as prescribed by the law.

c) For a direction to the Respondents to strictly ensure that no encroachment is made on the private holding of the Petitioners and in the event the land is required for a public project, the Respondents must either provide Alternative Settlement/Land or pay Just and Fair Compensation at current commercial market rates to the Petitioners.

d) To direct the Respondent District Magistrate and Circle Officer, to immediately act upon the pending application for mapping and demarcation to protect the Petitioners' property from state-sponsored encroachment.

e) Further for a direction to the Respondent authorities to maintain status quo during pendency of this application and not to start the construct work anymore and further to restore the peaceful possession of the said land to the Petitioners in the same condition as it existed prior to the initiation of the project over the said land.

f) Also for a direction to the Respondent State to pay adequate and exemplary compensation to the Petitioner for the illegal deprivation of property in violation of Article 300A of the Constitution of India and the mental agony, harassment, sufferings undergone by the Petitioner and also for violation of personal liberty (Article

21).

g) For grant of any other relief or relief to which the petitioner is found entitled in the facts and circumstances of this case.”

3. The brief facts of the case are that the petitioners are the lawful owners of the land bearing Khata No. 65, Khesra No. 50, measuri