Disposed¶30

Goda Devi @ Savitri Devi@Gado Devi v. The Union of India

Patna HC29 Jan 2026CWJC/1246/2026

Case brief

AI extract

What is this about?

Patna High Court; CWJC No.1246 of 2026; Rajiv Roy, J.; railway underpass construction; Raiyati/purchase land; land acquisition; compensation; peaceful possession; Eastern Railway; Malda; Lakhisarai; representation Annexure P/2 and P/3; Collector, Lakhisarai; writ petition disposed of.

What did the court decide?

Petitioner allowed to approach afresh before the Collector, Lakhisarai with all supporting documents within the next four weeks; the Collector to notice the other side including the railways, hear the parties, and dispose of the matter at the earliest taking into account the development on the claimed land. ¶30

Goda Devi @ Savitri Devi@Gado Devi Vs The Union of India — Land Acquisition | Patna HC (2026)

What the court decided

AI extract

Outcome

¶30

Issue for consideration

Whether the respondents can be restrained from constructing the Railways underpass over the petitioner's claimed Raiyati/purchase land. +3 more

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Ratio / Principle

The writ petition is disposed of, permitting the petitioner to approach afresh before the Collector, Lakhisarai with all supporting documents within the next four weeks.

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Key takeaways

The Collector, Lakhisarai shall notice the other side including the railways, hear both the petitioner and the railways, and dispose of the matter at the earliest, taking into account the development that has taken place on the land claimed by the petitioner.ratio¶30

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), by oral order dated 29-01-2026, disposed of Civil Writ Jurisdiction Case No.1246 of 2026 filed by Goda Devi @ Savitri Devi @ Gado Devi, who sought writs restraining the Union of India/Eastern Railway and State authorities from constructing a Railways underpass over her claimed Raiyati/purchase land at Village Gospur, Rajpur, P.S. Piri Bazar, Block Suryagarha, District Lakhisarai, from interfering with her peaceful possession, and commanding acquisition of the land under the land acquisition provisions with compensation or vacation thereof. Noting her pending representations (Annexures P/2 and P/3) before the Railway Authorities and the District Magistrate-cum-Collector, Lakhisarai, and upon counsel's submission that it would suffice if the Collector decides the matter after hearing both sides (with no objection from the State and the Railways), the Court permitted the petitioner to approach the Collector, Lakhisarai afresh with all supporting documents within four weeks; the Collector is to notice the other side including the railways, hear the parties, and dispose of the matter at the earliest taking into account the development on the claimed land. No finding was made on the merits of the land claim.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1246 of 2026

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

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Goda Devi @ Savitri Devi@Gado Devi Wife of Upendra Sharma, Resident of Village- Gospur, Rajpur, P.S.-Piri Bazar, Block- Suryagarha, DistrictLakhisarai.

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... ... Petitioner/s

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Versus

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

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

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

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The District Magistrate, Lakhisarai.

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The Superintendent of Police, Lakhisarai.

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The Sub-Divisional Magistrate, Lakhisarai Sadar, District- Lakhisarai.

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The Circle Officer, Suryagarha Anchal, District- Lakhisarai.

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

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... ... Respondent/s

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

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Appearance : For the Petitioner/s : Mr. Mayank Bilochan, Adv. For the Respondent/s : Mr. Yogendra Pd. Singh, AAG-07 For resp. nos. 1 & 2 : Mr. Mani Shankar Mishra, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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2 29-01-2026

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Heard the parties.

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The present application has been preferred for the

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following relief(s):

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(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.

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(ii) for issuance of an appropriate writ restraining the respondents not to make any interference in the peaceful possession of the petitioner.

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(iii) for issuance of an appropriate writ commanding the respondent to first acquired the land under the provision of land acquisition act and pay the compensation or vacate the land of the petitioner.

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(iv) for any other relief or reliefs for which petitioner is entitled.

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Patna High Court CWJC No.1246 of 2026(2) dt.29-01-2026 2/2

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The petitioner has come with a simple prayer to at least take note of the representation that has been preferred before the different respondents including the Railway Authorities/District Magistrate-cum- Collector, Lakhisarai (Annexure- P/2 and P/3 respectively).

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Learned counsel for the petitioner submits that it will suffice if the Collector, Lakhisarai looks into the matter and take a decision after hearing both the petitioner as also railways.

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The parties including the State and the Railways have no objection.

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In that background, the writ petition is disposed of allowing the petitioner to approach afresh with all the supporting documents before the Collector, Lakhisarai in next four weeks who shall be noticing the other side including the railways (whose counsel is already present in the Court) and after hearing the parties, shall be disposing of the matter at an earliest taking into account the development that has taken place on the land claimed by the petitioner.

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(Rajiv Roy, J)

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Vijay Singh/-

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Goda Devi @ Savitri Devi@Gado Devi v. The Union of India

Case brief

What is this about?

What did the court decide?

Goda Devi @ Savitri Devi@Gado Devi v. The Union of India

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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