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Patna High Court

Ramesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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


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