Patna High Court
Upendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court directed the District Magistrate to examine the representation and pass an appropriate order, disposing of the writ application without granting mandamus.
Summary
The petitioner, Upendra Kumar, filed a public interest litigation seeking a writ of mandamus directing the District Magistrate and other officials to restore a road constructed under the Prime Minister Gram Sadak Yojana and repaired under the MGNREGA scheme, and to remove encroachments on land belonging to a temple. He had earlier submitted a representation on 21 August 2023 to the District Magistrate regarding these grievances. The High Court, after hearing counsel, did not issue mandamus but directed the District Magistrate to examine the representation, afford a hearing to all stakeholders, and pass an appropriate order in accordance with law. No further reliefs were granted. Consequently, the writ application was disposed.
Issues considered
- Whether the court should issue a writ of mandamus directing the restoration/repair of the road and removal of encroachments.
- Whether the District Magistrate should be ordered to consider the petitioner’s representation and pass an appropriate order.
Subjects
- public interest litigation
- mandamus
- road restoration
- encroachment removal
- Gram Sadak Yojana
- MGNREGA
- District Magistrate
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20517 of 2025
======================================================
Upendra Kumar S/o Late Mal Dhani Rai Village Sukulpurwan, Post-
Mohandadwan, P.S.- Sonhan (Thana no.- 678), Dist.- Kaimur Bhabhua,
Bihar- 821108, Presently At B-57, Ground Floor, Defence Colony, New
Delhi-110024.
... ... Petitioner
Versus
1. The State of Bihar through its Chief Secretary, State of Bihar.
2. The District Magistrate, Bhabhua.
3. The Programme Officer, Bhabhua, District - Bhabhua.
4. The Circle Officer, Bhabhua, District - Bhabhua.
5. Ramagya Rai, Son of Late Dharam Deo Rai, R/o Village- Sukulpurwan,
Post-Mohandadwan, P.S.- Sonhan (Thana no.- 678) District- Kaimur
Bhabhua, State- Bihar-821108.
6. Shri Arvind Rai, Son Shri Ramagya Rai R/o Village- Sukulpurwan, Post-
Mohandadwan, P.S.- Sonhan (Thana no.- 678), District- Kaimur Bhabhua,
State- Bihar- 821108.
7. Shri Babban Rai, Son of Late Dharam Deo Rai R/o Village- Sukulpurwan,
Post- Mohandadwan, P.S.- Sonhan (Thana no.- 678), District- Kaimur
Bhabhua, State- Bihar- 821108.
8. Shri Vikash Rai, Son of Shri Babban Rai (Chhotu Rai), R/o Village-
Sukulpurwan, Post- Mohandadwan, P.S.- Sonhan (Thana no.- 678), District-
Kaimur Bhabhua, State- Bihar- 821108.
9. Shri Kripa Narayan Rai, Son of Late Chander Deo Rai R/o Village-
Sukulpurwan, Post- Mohandadwan, P.S.- Sonhan (Thana no.- 678), District-
Kaimur Bhabhua, State- Bihar- 821108.
10. Ajay Kumar Rai, Son of Shri Kripa Narayan Rai R/o Village- Sukulpurwan,
Post- Mohandadwan, P.S.- Sonhan (Thana no.- 678), District- Kaimur
Bhabhua, State- Bihar- 821108.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Surendra Prasad Tiwari, Advocate
For the Respondents : Mr. P.K. Shahi, Advocate General
======================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
2 06-01-2026 The present writ application has been filed in the form
Patna High Court CWJC No.20517 of 2025(2) dt.06-01-2026
2/3
of a Public Interest Litigation (PIL) for the following reliefs:
“i. For seeking issuance of writ in the nature of
mandamus or any other appropriate
writ/order/direction to the respondent No. 2 & 4
for restoration/Repair of the broken /encroached
road from Krondi Kainal to Purab Pokkhra to
its original position, which was made under
Prime Minister Gram Sadak Yojana scheme and
repaired under Manrega scheme.
ii. For seeking issuance of writ in the nature of
mandamus or any other appropriate
writ/order/direction to the respondent
authorities to remove encroachment from land
bearing Khasra No.28, Plot No.36, measuring
0.17 decimal and land Khasra No.29 plot
No.132, measuring 0.44 decimal which belongs
to Mandir, Well and Ramilila premises since
1958 at village Sukulparwan P.O.
Mohandadwan P.S. Sonhan, Distt. Kaimur
Bhabhua
iii. For that any other relief or reliefs may be
granted as Your Lordships may deem fit and
proper in the facts and circumstances of this
case.”
2. Learned counsel for the petitioner submits that, in
respect of the redressal of the grievance, the petitioner had filed
a representation vide Annexure ‘P/2’ dated 21.08.2023 before
the District Magistrate, Kaimur Bhabhua (Respondent No.2).
Patna High Court CWJC No.20517 of 2025(2) dt.06-01-2026
3/3
3. The District Magistrate, Kaimur Bhabhua
(Respondent No.2) is directed to examine the representation
dated 21.08.2023 and pass an appropriate order in accordance
with law, after giving an opportunity of hearing to all the
stakeholders.
4. In view of the above, the present writ application
stands disposed of.
5. Pending application, if any, shall stand disposed of.
(Sudhir Singh, ACJ)
(Rajesh Kumar Verma, J.)
Gaurav Kumar/-
U
Checking your session…