Patna High Court - Orders
Dr Abhilash Prasad Singh vs The State Of Bihar on 31 March, 2026
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19765 of 2025
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1. Dr Abhilash Prasad Singh S/o Brahmdeo Prasad Singh, Resident of Village-
Chanakya Nagar, Dak Bangla Road, Ward-39, P.O.-Begusarai, P.S.-
Begusarai Town, Distt.-Begusarai.
2. Sunil Singh, S/o Ram Udit Singh, Resident of Village-Kali Asthan, P.O.-
Begusarai, P.S.-Begusarai Town, Distt.-Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The District Magistrate, Begusarai.
3. The Municipal Commissioner, Begusarai Municipal Corporation.
4. The Executive Engineer, District Urban Development Agency, Begusarai.
5. The Superintending Engineer, Road Construction Department, Road
Division, Begusarai.
6. The Executive Engineer, Road Construction Department, Road Division,
Begusarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Tejas Vats, Advocate
For the Respondent/s : Mr.Standing Counsel (24)
For the Corporation : Dr. Amitesh Kumar, Advocate
Mr. Ravi Bhushan Verma, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 31-03-2026Heard the parties.
2. The present petition has been preferred for the following relief/s:
(i) for issuance of order/orders, direction/directions in the nature of writ of Mandamus commanding the Respondent authorities to confine the reconstruction and widening of the P.C.C. road from Bipin Singh Dwar to Old Tinmanzila Chowk, Patna High Court CWJC No.19765 of 2025(3) dt.31-03-2026 2/6 Begusarai strictly to the sanctioned width of 10 feet and not to encroach or include the Petitioners' private land without acquisition or due process of law;
(ii) to declare that the action of the Respondents in including Petitioners private land in the proposed 16 feet wide road is arbitrary, illegal and contrary to the State's admissions recorded on oath in C.W.J.C. No. 609 of 2014;
(iii) in case of the Respondents having constructed the road on the land of the Petitioners, to issue order/orders, direction/directions in the nature of writ of Mandamus directing the Respondents to restore the land of the Petitioners to them;
(iv) for grant of any other relief's for which the Petitioners be found entitled in the eyes of law.
3. The petitioners own a piece of land and the details of the land is not on record but the claim is that the Begusarai Municipal Corporation in the garb of widening of the road is Patna High Court CWJC No.19765 of 2025(3) dt.31-03-2026 3/6 encroaching their lands.
4. Instead of giving out of the details of either the land and/or the area and/or whether petitioners have actually encroached the land of the Begusarai Municipal Corporation or not, an order of the Patna High Court in the case of C.W.J.C. No. 609 of 2014 (Sunil Singh vs. the State) disposed of on 09.01.2014 was put forward to show that the Court observed that the petitioners shall not be evicted for the purpose of renovation/construction of the road in question pursuant to the notice inviting tender bearing no. 01 of 2013 for work of PCC road Bipin Singh Dwar to Old Tinmanzila Chowk, Begusarai.
5. The contention is that again they have started widening of the road which prompted the petitioners to approach the Patna High Court.
6. A counter affidavit has come on behalf of the Municipal Corporation, Begusarai duly served upon the learned counsel for the petitioners and paragraphs 8 and 9 read as follows:
8. That both writ petitioners are in collusion with each other. The writ petitioner no.- 1 is purchaser of land measuring 0-2-10-0 of Khasra No.-
Patna High Court CWJC No.19765 of 2025(3) dt.31-03-2026 4/6 228, 229 and 230. But he has constructed commercial building over 0-2-12-15. The petitioner no.-1 has been running nursing home in his said commercial building without having parking space. This fact has been held by Respondent no.-3 by order dated 30/06/2015 passed in case no. 3 of 2013 which was initiated due to obstruction caused by petitioner no.-1 over the above stated 16 feet wide public road in question. That order has attained finality.
9. That the writ petitioner no. 2 had also started construction of commercial building without sanction of plan whereby case no. 8 of 2019 was initiated against him and his brother in which pre-existing .14 feet 06 Inch wide road from Bipin Dwar connected with Awadh Tirhut road was held by the Respondent No.- 3 by Patna High Court CWJC No.19765 of 2025(3) dt.31-03-2026 5/6 the order dated 04/04/2022 which has also attained finality.
7. The summary of the said counter affidavit is that the petitioners are running commercial building and the petitioner no.1 is running a nursing home without any parking space and as such Case No. 03 of 2013 was initiated in which an order has already been passed on 30.06.2015 (Annexure-R/1 to the counter affidavit).
8. So far as the petitioner no.2 is concerned, a commercial building was also started without sanction plan for which Case No. 08 of 2019 was initiated and an order was passed on 04.04.2022 (Annexure-R/2 to the petition).
9. Clearly, the petitioners are trying to hoodwink this Court by not detailing out the entire details of their land and/or whether they have any space outside their existing land which is being taken over by the Begusarai Municipal Corporation for widening of the road.
10. Though, the writ petition is fit to be dismissed on this score alone, since learned counsel for the petitioners submit that he has been recently handed over the copy of the counter affidavit, he needs to go through it and file reply to it, in that background, the case is adjourned for two weeks allowing the Patna High Court CWJC No.19765 of 2025(3) dt.31-03-2026 6/6 petitioners to file affidavit. It is made clear that the reply filed by the petitioners must incorporate:
(i) the details of the lands of the two petitioners;
(ii) whether the building present on it has been constructed on the basis of a sanctioned plan;
(iii) the area that Begusarai Municipal Corporation, according to them is going to take for the widening of the road.
11. Meanwhile, the Begusarai Municipal Corporation shall be filing supplementary counter affidavit bringing on record the orders passed in Case No. 03 of 2013 (Disposed of on 30.06.2015) and Case No. 08 of 2019 (Disposed of on 04.04.2022). The corporation shall further inform on the steps it took once the order attained finality.
12. List this case on 21.04.2026.
(Rajiv Roy, J) Ravi/-
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