Patna High Court
Ramesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court ordered the District Magistrate to dispose of the petitioner’s pending representation within three weeks, thereby disposing the writ petition.
Summary
Petitioner Ramesh Kumar filed a writ petition alleging that the construction of a Panchayat Bhawan was being carried out on his private land in Saran district and sought an order to stop the construction and remove the materials. The respondents, including the State of Bihar and various district officials, opposed the reliefs. The Court examined the submissions and the pending representation filed by the petitioner on 17‑02‑2025 before the District Magistrate, which had remained unresolved for nearly a year. The Court directed the District Magistrate to dispose of that representation within three weeks of the order. Consequently, the writ petition was declared disposed, and any interlocutory applications were also dismissed.
Issues considered
- What relief, if any, can the Court grant to a petitioner alleging illegal construction on his private land?
- Whether the Court can direct the District Magistrate to dispose of a pending representation as a means of disposing the writ petition.
Subjects
- land acquisition
- illegal construction
- private land
- Panchayat Bhawan
- writ petition
- civil writ jurisdiction
- representation disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20081 of 2025
======================================================
Ramesh Kumar S/o Lt. Paras Nath Prasad, R/o Village- Ami Karmwaripatti,
P.S.- Awatarnagar, Circle- Dighwara, District- Saran at Chapra.
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary Revenue s Land Reforms
Government of Bihar.
2. The District Collector Saran at Chapra.
3. The Land Acquisition Officer, Saran at Chapra.
4. The Sub-Divisional Magistrate Marhaura, Saran at Chapra.
5. The Block Development Officer, Dighwara, Saran at Chapra.
6. The Circle Officer Dighwara, Saran at Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mirityunjay Kumar, Advocate
Ms.Pampy Kumari, Advocate
For the Respondent/s : Anirban Kundu, Standing Counsel (24)
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 05-01-2026 Heard Mr. Mrityunjay Kumar along with Ms. Pampy
Kumari, learned counsels appearing on behalf of the petitioner
and Mr. Anirban Kundu, learned SC 24 for the State.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought inter alia following relief(s), which is
reproduced hereinafter : -
“(i) To direct the concerned Respondents particularly
Resppondent no.2 stop the construction of Panchayat
Bhawa which is going on construction over the land
of this petitioner situated under the Mauza Bodha
Chapra, Circle Dighwara, Khata No.325, Khesra
No.158, Zamabandi No.184 of Area 2 bigha 5 katha
14 dhur and of area 1 Bigha 8 Katha 3 Dhur in
Khesra No.166 under the same Khata and same
Patna High Court CWJC No.20081 of 2025(2) dt.05-01-2026
2/2
Zamabandi.
(ii) To direct the Respondents no.2 remove their row
materials from the private land of this petitioner.
(iii) To direct the other relief/s, order/s, direction/s,
for which the petitioner found entitle for the same.”
3. Having considered the rival submissions made on
behalf of the parties, as well as, having considered the facts of
the present case, the District Magistrate, Saran at Chapra is
directed to dispose of the representation dated 17.02.2025 of the
petitioner, which is pending before him for nearly one year, well
within a period of three weeks from the date of passing of this
order without fail.
4. With the above observation/direction, the present
writ petition stands disposed of.
5. Interlocutory Application(s), if any, also stands
disposed of.
(Purnendu Singh, J)
chn/-
U
Checking your session…