Patna High Court
Aniket KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court ordered an inquiry by a three‑member committee and directed the District Magistrate to pass a reasoned order, disposing of the writ petition without granting mandamus.
Summary
Aniket Kumar filed a writ petition alleging that a public road had been illegally constructed on his land (Khata No.1049, Khesra No.3647) by private respondents 14‑18, creating breach of peace. He sought mandamus directing the State to restrain the construction, enforce Sections 163 and 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and restore his possession. The State argued that the land is Kaimi (raiyati) land per cadastral and revisional surveys. The Court directed the District Magistrate‑Collector to form a three‑member committee to inquire into the matter, consider revenue records, hear all parties, and, if the road was built illegally, order its removal and return vacant possession as per earlier government instructions. The writ petition was consequently disposed.
Issues considered
- Whether the construction of a public road on the petitioner's land was illegal.
- Whether a mandamus can be issued to compel the State to restrain the construction and enforce Sections 163 and 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the land in question is Kaimi (raiyati) land and thus subject to acquisition for public purposes.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 163, 164
Subjects
- illegal construction
- public road
- land acquisition
- mandamus
- inquiry
- revenue records
- Kaimi land
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2037 of 2026
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Aniket Kumar Son of Raj Kumar Mahto Aadhar No. 2044 9056 3797,
Resident of Shiva jee Nagar Pandaul, Post- Pandaul, Police Station- Pandaul,
Circle Pandaul, Subdivision- Madhubani Sadar District- Madhubani Bihar,
Pin code- 847234.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar.
2. The Additional Chief Secretary, Revenue and Land Reforms Department.
Government of Bihar.
3. The Secretary Revenue and Land Reforms Department, Government of
Bihar, Patna, Bihar.
4. The Director, Land Records and Survey, Revenue and Land Reforms
Department, Government of Bihar, Patna.
5. The Divisional Commissioner, Darbhanga, Bihar.
6. The Collector cum District Magistrate, Madhubani Bihar.
7. The Superintendent of Police, Madhubani Bihar.
8. The Additional Collector (Revenue), Madhubani Bihar.
9. The Sub Divisional Officer Madhubani (Sadar), Madhubani, Bihar.
10. The Sub Divisional Police Officer (SDPO) Madhubani (Sadar), Madhubani,
Bihar.
11. The Deputy Collector Land Reform, Madhubani (Sadar) Bihar.
12. The Circle Officer Pandaul, Madhubani, Bihar.
13. The Station House Officer Pandaul, Madhubani, Bihar.
14. Mr. Amarjeet Kumar Mahto, Son of Late Mohan Mahto Shiva jee Nagar
Pandaul, Post Pandaul, Police Station Pandaul, Circle Pandaul, Subdivision
Madhubani Sadar District Madhubani Bihar, Pin code 847234.
15. Mr. Rajan Kumar Mahto, Son of Late Mohan Mahto Shiva jee Nagar
Pandaul, Post Pandaul, Police Station Pandaul, Circle Pandaul, Subdivision
Madhubani Sadar District Madhubani Bihar, Pin code 847234.
16. Mrs. Nirmala Devi, Wife of Late Mohan Mahto Shiva jee Nagar Pandaul,
Post Pandaul, Police Station Pandaul, Circle Pandaul, Subdivision
Madhubani Sadar District Madhubani Bihar, Pin code 847234.
17. Mrs. Kushboo Kumari, Wife of Rakesh Mahto Shiva jee Nagar Pandaul,
Post Pandaul, Police Station Pandaul, Circle Pandaul, Subdivision
Madhubani Sadar District Madhubani Bihar, Pin code 847234.
18. Mrs. Puja Devi, Wife of Dipu Kumar Mahto Shiva jee Nagar Pandaul, Post
Pandaul, Police Station Pandaul, Circle Pandaul, Subdivision Madhubani
Sadar District Madhubani Bihar, Pin code 847234.
... ... Respondent/s
======================================================
Patna High Court CWJC No.2037 of 2026(2) dt.16-02-2026
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Appearance :
For the Petitioner/s : Mr. Manish Kumar No 13, Advocate
Mr. Rohit Kumar, Advocate
For the Respondent/s : Mr. Lokesh Kumar Singh, AC to SC 6
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 16-02-2026 Heard Mr. Manish Kumar No 13 along with Mr.
Rohit Kumar, learned counsels appearing on behalf of the
petitioner and Mr. Lokesh Kumar Singh, learned AC to SC 6
for the State.
2. Petitioner has inter alia prayed for following reliefs
in the paragraphs No.1 of the writ petition:-
“(A) A mandamus commanding the respondent
authorities to take appropriate step(s) for restrains
constraints stopping illegal construction on village public
Road by Miscreant (Respondent no.14, 15, 16, 17, 18)
which creates breach of peace as well as violence on land
in question i.e., Khata no 1049 Khesra no 3647 Mauza
Pandaul Pashimi Thana no 108 Area 01 Khata 14 dur
Circle Pandaul Subdivision Madhubani Sadar District
Madhubani Bihar.
(B) A Mandamus commanding the respondent
authorities to take appropriate step(s) for do needful act in
the light of letter no.02/legal dated 08.01.2026(Annexure P
4) issued by Court of Subdivisional Magistrate, Sadar
Madhubani for illegal construction on village public road
by miscreant (respondent no.14, 15, 16, 17, 18) which
creates violence as well as bloodshed on land in question
i.e. khata no 1049 khesra no3647 Muaza Pandaul pashimi
Thana no108 Area 01 khata 14 dur Circle Pandaul
Subdivision Madhubani Sadar District Madhubani Bihar.
(C) A mandamus commanding the respondent
authorities to take appropriate step(s) for action under
Section 163 as well as Section 164 of Bharatiya Nagarik
Suraksha Sanhita, 2023 on illegal construction on village
Public Road by miscreant (respondent no. 14, 15, 16, 17,
18) which creates breach of peace on land in question i.e.
Khata no.1049 Khesra no.3647 Muaza Pandaul Pashimi
Thana no.108 area 01 khata 14 dur Circle Pandaul
Subdivision Madhubani Sadar District Madhubani Bihar.
(D) For any other relief/reliefs for which the
petitioner is found entitled to in the facts and circumstances
Patna High Court CWJC No.2037 of 2026(2) dt.16-02-2026
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of the present case.”
3. Learned counsel appearing on behalf of the
petitioner submitted that illegally the authorities have
constructed public road upon the land appertaining to Khata
No.1049, Khesra No.3647, Muaza Pandaul Pashimi Thana
No.108, an area of 1 khata 14 dhur in connivance with private
respondents no.14 to 18.
4. Mr. Lokesh Kumar Singh, learned counsel
appearing on behalf of the State after having been informed by
the Circle Officer, Pandaul, Madhubani informs that the
aforesaid land, which belongs to the petitioner, according to the
entries made in the Cadestral Survey, as well as, revisional
survey, is Kaimi, i.e. raiyati land of the petitioner.
5. Considering the aforesaid submissions made on
behalf of the parties, the District Magistrate-cum-Collector,
Madhubani is directed to constitute a three-member-committee,
for holding an inquiry in respect of road constructed over the
land in question. After proper consideration of the revenue
records, the Committee is directed to submit a report in that
regard to the District Magistrate. The District Magistrate after
considering the report of the committee, is required to give
opportunity of hearing to all the concerned parties, including
private respondents no.14 to 18 and the petitioner in particular,
Patna High Court CWJC No.2037 of 2026(2) dt.16-02-2026
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and pass a reasoned order in accordance with law. In case, the
land of the petitioner has illegally been acquired in construction
of road then in that case, the same is required to be removed
forthwith, ensuring to hand over the vacant possession of the
land in question to the petitioner in accordance with the
instructions contained in Letter No. 3578 dated 17.06.2013 and
the subsequent clarification made by the State Government from
time to time.
6. The writ petition, accordingly, stands disposed of.
(Purnendu Singh, J)
Sanjay/-
U
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