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Lalbabu Purbey v. The State Of Bihar

Patna HC24 Apr 2025CWJC/6028/2019

Case brief

AI extract

What is this about?

Lalbabu Purbey v. State of Bihar; CWJC No.6028 of 2019; Patna High Court; Dr. Anshuman, J; order dated 24-04-2025. Raiyati land encroachment for road widening; Samastipur-Darbhanga Road; Road Construction Department, Government of Bihar; Mauza Mathurapur, Thana No.-117, Khata No.-49 Plot No.-606, Khata No. 128 Plot No.-607, Samastipur; counter-affidavit; measurement report and trace map; Annexure-A made part of order sheet; petitioner not to be disturbed beyond measured area; Annexure-A accepted position for both parties; consent-based disposal of writ petition; no compensation awarded; no statute or case cited.

What did the court decide?

Direction that the petitioner shall not be disturbed by the respondents in future, with Annexure-A (measurement report annexed to the State's counter-affidavit) accepted as the binding position for both parties.

Lalbabu Purbey Vs The State Of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent authorities can be restrained from disturbing the petitioner beyond the area specified in the measurement report (Annexure-A to the State's counter-affidavit). +2 more

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Court's answer

On the strength of Annexure-A to the counter-affidavit and counsel's submissions, the Court directed that the petitioner shall not be disturbed by the respondents in any manner in the future, and that Annexure-A (the measurement report) shall be considered the accepted position for both parties; Annexure-A was extracted and made part of the order sheet.

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Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J), oral order dated 24-04-2025 in Civil Writ Jurisdiction Case No.6028 of 2019 - Lalbabu Purbey v. State of Bihar and others (Road Construction Department officials, Collector and SDO, Samastipur). The petitioner sought restraint against unauthorised occupation of his raiyati land in Mauza-Mathurapur, Thana No.-117 (Khata No.-49, Plot No.-606; Khata No. 128, Plot No.-607), allegedly encroached upon for widening the Samastipur-Darbhanga Road, together with production of proof of acquisition and monetary benefit, or alternatively compensation and costs. Counsel for the petitioner, without entering into the merits, confined the request to a direction that the respondents not disturb him beyond the area specified in the measurement report and trace map annexed as Annexure-A to the State's counter-affidavit; counsel for the State agreed to that limited relief. The Court extracted Annexure-A into the order sheet, directed that the petitioner shall not be disturbed by the respondents in any manner in the future, and declared Annexure-A the accepted position for both parties. With this direction, the writ petition stood disposed off. No issue of acquisition or compensation was decided; no statute or precedent was cited and no amount was awarded.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6028 of 2019

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Lalbabu Purbey S/o Late Raghunath Purbey, R/o-Village- Mathurapur, P.S.Warisnagar, District-Samastipur

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... ... Petitioner/s

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Versus

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The State Of Bihar through the Principal Secretary, Road Construction Department, Govt. of Bihar, Patna

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The Engineer-IN-Chief-Cum-Additional Commissioner-Cum-Special Secretary, Road Construction Department Govt. of Bihar, Patna

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The Chief Engineer, Road Construction Department, Samastipur

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The Executive Engineer, Road Construction Department, Road Division, Samastipur

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The Assistant Engineer, Road Circle, Road Construction Department, Samastipur-3

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The Collector, Samastipur

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The Sub-Division Officer, Samastipur

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Chhote Lal Mishra, Advocate For the Respondent/s : Mr. Uday Shankar Sharan Singh (GP-19) ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

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ORAL ORDER

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5 24-04-2025 Heard learned counsel for the petitioner and learned

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counsel for the State.

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The present writ petition has been filed for the following reliefs:-

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I. For a direction to the Respondents not to unauthorizedly occupy the raiyati land of the petitioner situated

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Patna High Court CWJC No.6028 of 2019(5) dt.24-04-2025 2/6

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over Mauza-Mathurapur, Thana No.-117, Khata No.-49, Plot No.-606, Area-3 Kattha 04 Dhur for widening the SamastipurDarbhanga Road.

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II. Further for direction to the Respondents to release and restore to its original status, the raiyati land of the petitioner situated in Mauza-Mathurapur, Thana No.-117, District-Samastipur, Khata No.-49, Plot No.-606, Area-06 Dhur and also land of Khata No. 128, Plot No.-607 Area- 01 Katha 4 Dhur, on which the Road Construction Department has illegally encroached and constructed Samastipur-Darbhanga Road.

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III, For also direction to the Respondent-Road Construction Department to produce the evidence of acquisition of the raiyati land of the petitioner of Mauza-Mathurapur, Thana No.-117, District-Samastipur, Khata No.-49, Plot No.606, Area-3 katha and 10 Dhur and also land of Khata No. 128, Plot No.-607 Area- 01 Katha 4 Dhur and also proof of monetary benefit given for the acquisition.

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IV. Alternatively for direction to the Respondent Road Construction Department to pay adequate compensation to the petitioner for illegally constructing Road on the raiyati land of the petitioner of Mauza- Mathurapur, Thana No.-117, DistrictSamastipur, Khata No.-49, Plot No.-606, Area-06 Dhur and also

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Patna High Court CWJC No.6028 of 2019(5) dt.24-04-2025 3/6

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land of Khata No. 128, Plot No.-607 Area- 01 Katha 4 Dhur.

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V. Besides, for direction upon the Respondent- Road Construction Department to duly compensate for the physical and mental harassment suffered by the petitioner and also the cost of litigation thrust upon the petitioner.

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VI. For any other appropriate relief/reliefs to which the petitioner is found entitled in the facts and circumstances of this case.

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Learned counsel for the petitioner submits that the State has filed a counter-affidavit in the present case, wherein proper measurement has been done. The measurement report along with the trace map has been annexed as Annexure-A to the counter-affidavit. It is further submitted that, without entering into the merits of the case, the respondent authorities should not disturb the petitioner beyond the area specified in the said measurement, which is part of the counter-affidavit as Annexure-A.

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Counsel for the State submits that if this is the only relief of the petitioner that Annexure-A be accepted by the State and nothing else despite having demanded several other reliefs, then the State ready for the same.

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In light of the submissions made above, this Court

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Patna High Court CWJC No.6028 of 2019(5) dt.24-04-2025 4/6

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deems it necessary to make Annexure-A a part and parcel of the

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order sheet which is extracted as follows:-

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Patna High Court CWJC No.6028 of 2019(5) dt.24-04-2025

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5/6

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In light of Annexure-A of the counter-affidavit and the submission of the counsel, it is directed that the petitioner shall not be disturbed by the respondents in any manner in the future, and Annexure-A shall be considered the accepted position for both parties.

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Patna High Court CWJC No.6028 of 2019(5) dt.24-04-2025 6/6

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