Patna High Court
Satto YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition was disposed, directing the petitioner to approach the Collector for relief.
Summary
Satto Yadav filed a writ petition seeking a mandamus directing the State of Bihar, the District Magistrate and the Circle Officer to stop construction of brick work for waste management on his Raiyati land in Samastipur. The petitioner argued that the construction infringed upon his land rights and requested the court to intervene. The State counsel raised no objection to the petitioner approaching the Collector for a remedy. Justice Rajiv Roy observed that the appropriate forum for redress is the Collector of Samastipur and directed the petitioner to file a petition there. Accordingly, the writ petition was disposed without any order directing the respondents to halt the construction.
Issues considered
- Whether the High Court can issue a writ of mandamus directing the respondents to stop construction on the petitioner's Raiyati land
Subjects
- mandamus
- writ petition
- Raiyati land
- construction
- waste management
- jurisdiction
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13177 of 2023
======================================================
Satto Yadav S/o late Bahadur Yadav R/V - Bhujahar, P.S.- Rosara, District-
Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The District Magistrate Samastipur.
3. The Circle Officer, Shivaji Nagar, District- Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar, Advocate
For the Respondent/s : Mr. Rishi Raj Sinha, AAG-9
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 07-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“i. for issuance of an appropriate writ/
order/direction in nature of Mandamus
commanding upon the respondents to stop
constructing brick work for Waste Management on
the Raiyati land of the petitioner situated at Mauza
Shankarpur, thana no-41, P.S.-Rosera, District
Samastipur in, Khata No- 288 (New), Khesara No-
395, 398, 397, 399 (New).
ii. For granting the other relief or reliefs
in accordance with law.”
Patna High Court CWJC No.13177 of 2023(2) dt.07-04-2026
2/2
3. After some argument, learned counsel for the
petitioner submits that alongwith all the documents, he shall be
approaching the respondent no. 2, the Collector, Samastipur for
the redressal of the grievance.
4. Learned State counsel has no objection to it.
5. In that background, allowing the petitioner to
approach the Collector, Samastipur, as recorded above, and if
such petition is filed, with a direction to take the same to its
logical conclusion at an earliest, the writ petition stands
disposed of.
(Rajiv Roy, J)
Adnan/-
U
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