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Patna High Court

Satto YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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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