Patna High Court
Chandravanshi KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court granted the petitioner liberty to withdraw the writ petition and disposed of it without adjudicating the merits.
Summary
Petitioner Chandravanshi Kumar filed a writ petition seeking a mandamus directing the State authorities to halt the construction of a Panchayat Bhawan on land that is the subject of a pending title suit (Title Suit No. 84 of 2010). He alleged that the land does not belong to private respondent Nathuni Kumar and that the construction would obstruct a public road used for decades. After hearing, the petitioner requested liberty to withdraw the petition and approach the appropriate authority instead. The Court granted this liberty, declined to consider the merits, and disposed of the petition. No substantive order on the construction or the land dispute was made.
Issues considered
- Whether the High Court can issue a writ of mandamus to stop construction of a Panchayat building on land that is under a pending title suit.
- Whether the disputed land constitutes public land whose use as a road can be protected by the Court.
- Whether the petitioner is entitled to withdraw the writ petition and approach the appropriate administrative authority.
Subjects
- writ petition
- mandamus
- panchayat bhawan
- disputed land
- title suit
- public road
- withdrawal of petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16268 of 2023
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Chandravanshi Kumar Son of Late Ruplal Mahto, Resident of Village and
Panchayat- Madhopur Anant, P.S. and Block - Sheohar, District- Sheohar.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Panchayati Raj, Department,
Bihar, Patna.
2. The Principal Secretary, Panchayati Raj Department, Bihar, Patna.
3. The District Magistrate, Sheohar.
4. The District Panchayati Raj Officer, Sheohar.
5. The Sub-divisional Officer, Sheohar, District - Sheohar.
6. Deputy Development Commissioner, Sheohar.
7. The Block Development Officer, Sheohar, District - Sheohar.
8. The Circle Officer, Circle- Sheohar, District - Sheohar.
9. The Mukhiya Gram Panchayat Raj, Madhopur Anant, Block - Sheohar,
District - Sheohar.
10. Nathuni Kumar @ Nathuni Sahni, Son of Late Sakal Sahni, Resident of
village - Shahpur, P.S. Sheohar, District - Sheohar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devendra Kumar, Advocate
For the Respondent/s : Mr. Kameshwar Pd. Gupta (Gp10)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 04-05-2026 Heard the parties.
2. The present writ petition has been preferred for:
“issuance of writ in the nature of
mandamus for direction to Respondent Authorities
to ban construction of Panchayat Bhawan bearing
Khata No. 222, Khesra No. 1005 area 02 dec. land
given by private Respondent No.10 whereby and
where under the approval has been granted by the
Respondent Authorities for construction of
Patna High Court CWJC No.16268 of 2023(2) dt.04-05-2026
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Panchayat Bhawan appertaining to village-
Shahpur Block Sheohar, District-Sheohar as it is
not property in name of private Respondent No.10
namely Nathuni Kumar though it is a disputed land
for which a Title Suit No. 84 of 2010 is going on
and pending before the learned Sub-Judge, Ist,
Sitamarhi now Sheohar and not only this
construction of the Panchayat Building will further
cause disturbance of public access to road which is
in fact partially the public land being used since
decades and decades as the source of entry and
exit of the locality or any other relief/reliefs for
which petitioner is entitled."
3. After some arguments, learned counsel for the
petitioner submits that he may be permitted to withdraw the
petition to approach appropriate authority to show the high-
handedness of the respondents.
4. Granting said liberty and without commenting on
the merits of the case, the writ petition is disposed of.
(Rajiv Roy, J)
atul/-
U T
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