Disposed¶34

Jivachha Ray v. The State of Bihar

Patna HC15 Jun 2026CWJC/5244/2026

Case brief

AI extract

What is this about?

CWJC No. 5244 of 2026, Patna High Court, Rajiv Roy J, order dated 15-06-2026. Road alignment challenge; Paro-Kusheshwarsthan State Highway 66 Bypass Road / ParoKusheshwarasthan S.H-56 Bypass Road Project; Kusheshwarasthan, Darbhanga; mandamus for shifting alignment 48 feet east; circle Amin measurement report dated 05-01-2026; fresh technical evaluation; District Grievance Officer order dated 20.02.2026; Collector cum District Magistrate Darbhanga; detailed representation; writ petition disposed of; no restraint on ongoing construction.

What did the court decide?

Liberty to the petitioner to approach the Collector, Darbhanga along with a detailed representation; the Collector to pass an appropriate order in accordance with law. No interim restraint granted on the ongoing construction. ¶34

Jivachha Ray Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a mandamus should issue directing the respondent authorities to reconsider and suitably modify the alignment of the proposed ParoKusheshwarasthan S.H-56 Bypass Road Project by shifting the alignment approximately 48 feet towards the eastern side, so as to protect the petitioner's Packka residential property/structure in Thana No. 251, Khesra No. 3668 (new), Mauza-Kevatgama. +2 more

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Court's answer

Given the petitioner's contention that the subject land is his only piece of land, the Court considered it appropriate to give a chance by having the Collector, Darbhanga look into the matter and see whether any change in the alignment can take place even at this stage.

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Ratio / Principle

The writ petition is disposed of, permitting the petitioner to approach the Collector, Darbhanga along with a detailed representation, and the Collector shall pass an appropriate order in accordance with law.

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Key takeaways

The Court clarified that it has made no observation on the ongoing construction of the said road, which as per the State Counsel is at an advanced stage.obiter¶35

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), by oral order dated 15-06-2026, disposed of a writ petition by Jivachha Ray challenging the alignment of the proposed Paro-Kusheshwarsthan State Highway 66 Bypass Road (described in the relief clause as the 'ParoKusheshwarasthan S.H-56 Bypass Road Project') at Kusheshwarasthan, Darbhanga, which allegedly threatened his Packka residential property/structure in Thana No. 251, Khesra No. 3668 (new), Mauza-Kevatgama. The petitioner sought (i) shifting of the alignment approximately 48 feet towards the eastern side, (ii) consideration of the local circle Amin's measurement report and recommendation dated 05-01-2026 with a fresh technical evaluation of the alignment considering adjacent vacant land, and (iii) restraint on work over his land pending the petition. The State pointed out that the route had been approved by the District Grievance Officer by order dated 20.02.2026, duly recommended by the Collector, Darbhanga, with tender invitation and Technical Bid Evaluation initiated, and that construction was at an advanced stage. Noting the land was the petitioner's only piece of land, the Court held that a chance could be given and disposed of the petition permitting the petitioner to approach the Collector, Darbhanga with a detailed representation, the Collector to pass an appropriate order in accordance with law. The Court made no observation on the ongoing construction of the road.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5244 of 2026

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Jivachha Ray Son of Vaidyanath Ray, Resident of Village- Fakdoliya, P.O.Kyoutgama, Block- Kusheshwar Ashtan East, PS.- Kusheshwar Asthan, District-Darbhanga.

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... ... Petitioner/s

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Versus

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The State of Bihar through The Secretary, Road Construction Department, Government of Bihar, Patna.

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The Collector cum District Magistrate, Darbhanga.

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The District Land Acquisition Officer, Darbhanga.

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The Executive Engineer, Road Construction Department, Road Division Benipur, Darbhanga.

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The Circle Officer, Kusheshwar Ashtan East, District-Darbhanga.

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Baidya Nath Prasad, Advocate For the Respondent/s : Mr. Government Pleader (20) ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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3 15-06-2026

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Heard Mr. Pramod Kumar Yadav as also Mr. Baidya

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Nath Prasad for the petitioner and Mr. Sameer Kumar for the State.

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The present petition has been preferred for the following relief(s):

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“(i.) A mandamus direction to the Respondent authorities to reconsider and suitably modify in the alignment of the proposed ParoKusheshwarasthan S.H-56 Bypass Road Project by shifting the alignment approximately 48 feet towards the eastern side from present proposed

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Patna High Court CWJC No.5244 of 2026(3) dt.15-06-2026 2/4

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alignment position as proposed, so as to protect the Packka residential property/structure of the petitioner situated in Thana No. 251, Khesra No. 3668 (new), Mauza-Kevatgama, AnchalKusheshwarasthan East, Dist- Darbhanga.

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(ii.) A mandamus direction to the respondent authorities to consider the

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measurement report and recommendation of the local circle Amin dated 05-01-2026 while deciding the matter and direct the Respondent authorities to conduct a fresh technical evaluation of the alignment considering the availability of adjacent vacant land.

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(iii.) A mandamus direction to restrain the respondent authorities to work over the land/property in question of the Petitioner till pendency of this writ petition.

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(iv.) Any other writ/writs for granting any other relief/reliefs for which the petitioner found entitled in the facts and circumstances of the case.”

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The Petitioner owns a piece of land under circle

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Patna High Court CWJC No.5244 of 2026(3) dt.15-06-2026 3/4

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Kusheshwarasthan in the district of Darbhanga and he is aggrieved by the decision taken by the respondents for the construction of Paro-Kusheshwarsthan State Highway 66 Bypass Road inasmuch as the contention is that if the alignment is changed to 48 feet towards eastern side, his property shall be saved.

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Learned State Counsel has taken this Court to the order passed by the District Grievance Officer dated 20.02.2026 to show that not only the route has been approved but also it was duly recommended by the Collector, Darbhanga which followed the invitation of tender as also the process of Technical Bid Evaluation was/were initiated. The submission is that after much delay, the petitioner activated himself and stoppage of the same will hinder the development so far as the construction of the said road is concerned.

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Learned Counsel for the petitioner submits that it is his only piece of land and it will suffice that even at this stage, the Collector, Darbhanga (respondent no. 2) looks into the matter and see to it whether there is any possibility of changing the alignment or not.

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In view of the contention of the petitioner that this is his only piece of land and it will suffice that if the head of the

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Patna High Court CWJC No.5244 of 2026(3) dt.15-06-2026 4/4

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district, the Collector, Darbhanga, looks into the matter and see to it that even at this stage, whether any changes can take place, this Court is of the opinion that a chance can be given.

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In that background, the writ petition stands disposed of allowing the petitioner to approach the Collector, Darbhanga along with the detailed representation who shall be passing an appropriate order in accordance with law.

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It is made clear that this Court has not made any observation on the ongoing construction of the said road which as per the State Counsel is at an advance stage.

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(Rajiv Roy, J)

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Adnan/-

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Jivachha Ray v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jivachha Ray v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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Procedural history

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