Patna High Court
Lalu RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is dismissed because it involves disputed questions of fact that cannot be resolved in writ jurisdiction.
Summary
Lalu Ray filed a writ petition seeking a mandamus directing various state officials to restore a five‑acre pond that had been encroached by a waste‑processing unit and private shops, alleging environmental damage. The petition also demanded removal of the encroachments, prevention of future violations, and accountability of officials who permitted the construction. The State of Bihar and several departmental heads were impleaded, and an intervenor, Subodh Rai, was later added as a respondent. The Court observed that the dispute centered on factual issues regarding the encroachment and its remediation, which are not suitable for adjudication under writ jurisdiction. Consequently, the Court held that the petition could not be entertained in this forum and ordered its disposal, directing the petitioner to pursue appropriate remedies elsewhere. All interlocutory applications were also dismissed.
Issues considered
- Whether the High Court can entertain a writ petition directing restoration of an ecologically damaged pond and removal of encroachments.
- Whether the factual disputes concerning the extent of encroachment and environmental impact preclude the exercise of writ jurisdiction.
- Whether the respondents, as state officials, can be compelled by mandamus to take specific remedial actions.
Subjects
- environmental law
- writ jurisdiction
- mandamus
- encroachment
- pond restoration
- public trust doctrine
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16051 of 2025
======================================================
Lalu Ray, Son of Late Bhuneshwari Ray, Resident of Uttari Dhamaun, P.S.-
Dhamaun, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary, Rural Development Department,
Government of Bihar, Patna.
2. The Secretary, Rural Development Department, Government of Bihar, Patna.
3. The Additional Chief Secretary, Environment, Forest and Climate Change
Department, Government of Bihar, Patna.
4. The District Magistrate, Samastipur.
5. The Deputy Development Commissioner, Samastipur.
6. The Deputy Collector Land Reforms, Patori, Samastipur.
7. The Commissioner, MGNREGA, Samastipur.
8. The District Programme Officer, MGNREGA, Samastipur.
9. The Sub-Divisional Officer, Patori, Samastipur.
10. The Block Development Officer, Shahpur, Patori, Samastipur.
11. The Circle Officer, Patori, Samastipur.
12. The Bihar State Pollution Control Board through its Chairman, Patna.
13. The Mukhiya, Gram Panchayat Uttari Dhamaun, P.O. and P.S. - Patori,
District- Samastipur.
14. Subodh Rai, son of Late Premlal Rai, resident of Village- Uttari Dhamaun,
P.O.- Dhamaun, P.S.- Patori, District- Samastipur
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Syed Hussain Majeed, Advocate
Mr. Rakesh Kumar, Advocate
For the State : Mr. P.K. Shahi, Advocate General
Mr. Vikas Kumar, AC to AG
For Respondent No. 12 : Mr. Kumar Ravish, Advocate
For Respondent No.13 &
Intervenor : Mr. J.S. Arora, Sr. Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 13-02-2026
This writ petition has been filed by Lalu Ray seeking
Patna High Court CWJC No.16051 of 2025 dt.13-02-2026
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for the following relief(s):-
“a) To issue an appropriate writ, order or
direction in the nature of mandamus
commanding the Respondents to protect
and restore the Pond (Jheel/Jalkar) located
at Gram Panchayat Uttari Dhamaun, P.O.
and P.S.- Patori, District- Samastipur
appertaining to Khata No.1139 (Old) 2643
(New), Plot No.994(Old) 6776, 6777
(New), admeasuring around 5 Acres
[hereinafter referred to as the Pond for the
sake of brevity] to its original natural
condition and habitat, as Waste Processing
Unit and a private market has been
constructed over a portion of the Pond, by
filling it with soil, by Respondent No.13.
b) To issue an appropriate writ, order or
direction in the nature of mandamus
commanding the Respondents to remove
the encroachments made over the Pond by
way of constructing private shops and
Waste Processing Unit over the Pond and
thus destroying the Pond totally and
making it lose its identity and ecological
purpose.
c) To issue an appropriate writ, order or
direction in the nature of mandamus
commanding the Respondents to ensure,
that after removal of the encroachment
from the Pond and restoring it to its
original natural condition, the Pond is not
encroached again by the encroachers by
making construction of any sort over the
Pond and the Respondents take steps to
rejuvenate the Pond periodically and take
steps for its preservation.
d) To issue an appropriate writ, order or
direction in the nature of mandamus
Patna High Court CWJC No.16051 of 2025 dt.13-02-2026
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commanding the Respondents that
accountability be fixed and action be taken
against the officials who are responsible
for allowing construction of Waste
Processing Unit (hereinafter referred to as
WPU for the sake of brevity) over the Pond
and thus causing environmental damage.
e) To grant any other relief or reliefs which the
Petitioner may be found entitled to, in the
facts and circumstances of the case.”
2. An interim application has been filed by Subodh
Rai for intervention, which has been registered as I.A. No. 01 of
2025.
3. After hearing the parties, we are inclined to allow
this Intervention Application.
Accordingly, Subodh Rai, son of Late Premlal Rai,
resident of Village- Uttari Dhamaun, P.O.- Dhamaun, P.S.-
Patori, District- Samastipur is made a party respondent to this
writ petition.
The Registry is directed to amend the cause-title of
the writ petition accordingly.
4. After hearing the learned counsel for the respective
parties and perusing the counter affidavits and the documents
filed on behalf of the intervenor, we are of the view that this
case involves disputed questions of fact which cannot be
resolved in the writ jurisdiction. It is open to the petitioner to
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take appropriate remedies in accordance with law.
5. Accordingly, the writ petition is disposed of.
6. Interlocutory Application(s), if any, shall stand
disposed of.
(Sangam Kumar Sahoo, CJ)
(Alok Kumar Sinha, J)
P.K.P./-
AFR/NAFR
CAV DATE
Uploading Date 16.02.2026
Transmission Date
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