Patna High Court
Jai Prakash DubeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The writ petition was disposed of, effectively dismissing the petitioner’s claims for prohibition, mandamus, and other reliefs.
Summary
The petitioner, Jai Prakash Dubey, claimed ownership of a 0.23 acre parcel of land settled in his father's name by the State of Bihar in 1971, for which he has been in continuous possession and paying rent. The State authorities began construction of a Panchayat Bhawan on the disputed land, prompting the petitioner to seek a writ of prohibition to stop construction, a writ of mandamus to shift the project, and other reliefs. The petitioner alleged that the District Magistrate and other officials had not followed government guidelines in identifying the land for the project. The court, after hearing counsel for both sides, disposed of the writ petition without granting the requested reliefs. No detailed reasoning or findings on the merits were recorded, and the interlocutory applications, if any, were also disposed of.
Issues considered
- Whether the construction of the Panchayat Bhawan on land settled to the petitioner violates his property and revenue rights.
- Whether the court can issue a writ of prohibition or mandamus to restrain the State's construction activity.
- Whether the District Magistrate complied with applicable government guidelines in selecting the land for the Panchayat Bhawan.
Subjects
- land settlement
- property rights
- panchayat bhawan
- writ of prohibition
- writ of mandamus
- state acquisition
- revenue law
- district magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20861 of 2025
======================================================
Jai Prakash Dubey Son of Jagdish Dubey, Resident of village Baswariya
Parautola, P.O. Bankatwa, Block-Lauriya, Sub Division Narkatiaganj,
District- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Bihar, Patna.
2. The Principal Secretary, Department of Revenue and Land Reforms, Bihar
at Patna.
3. The Collector, West Champaran at Bettiah.
4. The Superintendent of Police, Bettiah, West Champaran.
5. The District Panchayat Raj Officer, West Champaran.
6. The Additional Collector, Bettiah, West Champaran.
7. The Anchal Adhikari, Lauriya, West Champaran.
8. The Officer Incharge, P.S. Lauriya, West Champaran.
9. The Gram Panchayat Raj Baswariya Parautola through its Secretory,
Lauriya, District - West Champaran.
10. The Anchal Amin, Lauriya, District- West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amarendra Nath Verma, Advocate
For the State : Mr. Md. Harun Quareshi, AC to SC 1
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 12-01-2026 Heard Mr. Amarendra Nath Verma, learned counsel
appearing on behalf of the petitioner and Mr. Md. Harun
Quareshi, learned AC to SC 1 for the State.
2. Petitioner has inter alia prayed for following reliefs
in the paragraphs No.1 of the writ petition:-
“(i) For issuance of a writ in the nature of
prohibition stopping the construction of PANCHAYAT
BHAWAN of the village on the part of the land appertaining
to Mauja Bankatwa, Thana No.448, Khata No.78, Khesra
Patna High Court CWJC No.20861 of 2025(2) dt.12-01-2026
2/3
No.335/6 Area 0.23 Acre duly settled by the State of Bihar
vide order dated 19.01.1971 in Case No.239 of 1971 in the
name of the petitioner’s father Late Jagdish Dubey
followed by his continued physical possession, creation of
jamabandi 244 opened by the State of Bihar in his favour
that has been running in his name till the present date
evident from the issuance of regular rent-receipts in his
favour after accepting land-rent from him et al. After the
death of his father, the petitioner has been possessing the
said land till the present moment and has been paying rent
to the State of Bihar against issuance of proper rent-
receipts by the respondents-revenue-authorities and further
(ii) for a writ in the nature of mandamus commanding the
respondents to shift the project of Panchayat Bhawan to
some other suitable government land as also (iii) to take
stern action against the erring State-respondents and (iv)
for all order/s or directions.”
3. Learned counsel appearing on behalf of petitioner
seeks to approach against the alleged illegal action of the
District Magistrate, West Champaran at Bettiah before the
Additional Chief Secretary, Panchayati Raj Department,
Government of Bihar for redressal of his grievance.
4. In case the petitioner approaches the Additional
Chief Secretary (ACS), Panchayati Raj Department and the
ACS finds that the appropriate body / District Magistrate has not
followed the government guidelines in identifying the land for
construction of the Panchayat Raj Bhawan then in that case, he
may immediately restrain the District Magistrate to proceed for
Patna High Court CWJC No.20861 of 2025(2) dt.12-01-2026
3/3
any construction work and direct the District Magistrate to look
into the matter afresh in accordance with law.
5. The writ petition is, accordingly, disposed of .
6. Interlocutory Application(s), if any, also stands
disposed of.
(Purnendu Singh, J)
Sanjay/-
U
Checking your session…