Created by Fuzzy Cloud

Patna High Court

Jai Prakash DubeyversusThe State of Bihar

Decided
Disposal
DISPOSED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.