Patna High Court
Mohit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The High Court held that the petitioner must approach the Collector of Muzaffarpur for redressal and refrained from granting any interim prohibition or mandamus.
Summary
The petitioner, Mohit Kumar, filed a writ petition seeking a prohibition against the construction of a Panchayat Bhawan on land he claims as his ancestral Khatiani, which is recorded in the revenue records in his great‑grandfather’s name. He also sought a mandamus directing the respondents to shift the project to another government site and to take action against the officials responsible. The petition was heard before Justice Rajiv Roy, who noted that the petitioner could approach the Collector of Muzaffarpur for redressal of his grievance. The State counsel raised no objection to this approach. Consequently, the court disposed of the writ petition, directing the petitioner to present his case before the Collector, who is to consider all parties, examine records and issue a reasoned order by 31‑12‑2026, with any interim development staying subject to the Collector’s final decision.
Issues considered
- Whether a writ of prohibition can be issued to stop the construction of a Panchayat Bhawan on land claimed as ancestral by the petitioner
- Whether a writ of mandamus can be directed to shift the Panchayat project to another government land
- Whether the High Court should entertain the petition or defer the matter to the administrative authority, i.e., the Collector
Subjects
- writ jurisdiction
- prohibition
- mandamus
- ancestral land
- Panchayat Bhawan
- administrative law
- Collector
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17301 of 2025
======================================================
Mohit Kumar son of Mohan Prasad Resident of Dumri Damodarpur,
Shahjahan, P.O. and P.S.- Dumri, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Patna
2. The Principal Secretary, Revenue, Bihar at Patna
3. The Principal Secretary, Panchayati Raj, Bihar at Patna
4. The Collector, Muzaffarpur
5. The Superintendent of Police, Muzaffarpur
6. The District Panchavat Raj Officer. Muzaffarpur
7. The Anchal Adhikari, Mushahari, Muzaffarpur
8. The Anchal Amen, Mushahari, Muzaffarpur
9. The Officer Incharge, P.S.- Sadar, Muzaffarpur
10. Indu Devi wife of Sanjay Paswan, the Mukhiya, Gram Panchayat Raj
Majhauli Khetal, Block- Mushahari, District- Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarendra Nath Verma, Adv.
For the Respondent/s : Mrs. Archana Meenakshee, GP-6
Mr. Rana Veer Prawar, AC to GP-6
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 31-03-2026 Heard Mr. Amarendra Nath Verma, learned counsel
for the petitioner and the State.
2. The present application has been preferred:
for issuance of a writ in the nature
of prohibition stopping the construction of
PANCHAYAT BHAWAN of the village on the
petitioner's ancestral Khatiani land
appertaining to Mauja-Dumri, Thana
No.332, Khata No.571, Khesra No.1338
Area 24 Decimal owned & possessed by the
Patna High Court CWJC No.17301 of 2025(3) dt.31-03-2026
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petitioner's family, duly entered in Khatian &
Register II in the name of the petitioner's
great grand father Kailash Prasad for which
an age old Jamabandi No.586 has been
running in the petitioner's great grand father
Late Kailash Prasad and for which he has
been paying rent to the state of Bihar against
issuance of proper rent-receipts by the
revenue-authorities till date and further for a
writ in the nature of mandamus commanding
the respondents to shift the project of
Panchayat Sarkar Bhawan to some other
suitable government land and also to take
stern action against the erring respondents
and for all order/s or directions the
petitioner is entitled to.
3. After some argument, learned counsel for the
petitioner submits that he shall be approaching the
Collector,Muzaffarpur (respondent no. 4) for the redressal of the
grievance.
4. Learned State Counsel has no objection to it.
5. In the background, the writ petition is disposed of
allowing the petitioner to agitate/convince the respondent no. 4,
the Collector, Muzaffarpur who shall be hearing all the parties/
perusing the records and shall file reasoned order at an earliest
preferably by 31.12.2026.
Patna High Court CWJC No.17301 of 2025(3) dt.31-03-2026
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6. Any development that will take place in between
shall be subject to the final outcome of the order passed by the
Collector, Muzaffarpur.
(Rajiv Roy, J)
Vijay Singh/-
U
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