Patna High Court
Tripurari JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is premature and is therefore disposed of.
Summary
The petitioner, Tripurari Jha, sought a mandamus directing the State of Bihar and various officials to halt the construction of a Panchayat Sarkar Bhawan on land he claims is his ancestral raiyati property, for which he has paid revenue up to 2025-26. The State responded that a related Jamabandi cancellation case (No. 10 of 2025‑26) is pending before the Additional Collector, and the petitioner has not yet been given notice. The Court held that because the recommended notice has not been issued, the writ petition is premature and cannot be entertained. It observed that once notice is served, the petitioner can present his evidence and the authority can pass a reasoned order. Consequently, the petition was disposed of without granting any relief.
Issues considered
- Whether the writ petition is maintainable when the petitioner has not been given notice in the pending Jamabandi cancellation proceeding
- Whether the Court can issue a mandamus to restrain construction before the pending administrative process is concluded
Subjects
- writ jurisdiction
- mandamus
- rai yati land
- land revenue
- notice requirement
- premature petition
- administrative proceeding
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2335 of 2026
======================================================
Tripurari Jha Son of Late Shiv Kumar Jha, Resident of Village and Post
Office Dekuli Police Station, Bahadurpur, District- Darbhanga, Bihar.
... ... 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 Secretary, Panchayati Raj Department, Government of Bihar, Patna
6. The Divisional Commissioner, Darbhanga, Bihar
7. The Collector cum District Magistrate, Darbhanga Bihar.
8. The Senior Superintendent of Police, Darbhanga Bihar.
9. The District Panchayati Raj Officer, (DPRO) Darbhanga Bihar
10. The Additional Collector (Revenue) Darbhanga Bihar.
11. The Executive Engineer Local Area Engineering Organization (LAEO)
Darbhanga Bihar.
12. The Circle Officer Bahadurpur Anchal Darbhanga, Bihar.
13. The Block Panchayati Raj Officer (BPRO) Bahadurpur Block Darbhanga
14. The Station House Officer Bahadurpur police station Darbhanga, Bihar.
15. The Revenue Officer Bahadurpur Anchal Darbhanga, Bihar.
16. The Panchayat Secretary Bahadurpur Dekuli Panchayat Under Bahadurpur
Block Darbhanga Bihar.
17. The Mukhiya Bahadurpur Dekuli Panchayat Under Bahadurpur Block
Darbhanga Bihar.
18. The Revenue Karamchari concerning (Muaza Mirzapur) Bahadurpur Anchal
in charge of Halka Bahadurpur Dekuli District Darbhanga Bihar, Pin code
846004
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rohit Kumar, Adv.
Mr. Manish Kumar-13, Adv.
Mrs. Shreya, Adv.
For the Respondent/s : Mr. Standing Counsel (20)
Mr. Mahtab Alam, AC to SC-20
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
Patna High Court CWJC No.2335 of 2026(3) dt.27-04-2026
2/3
ORAL ORDER
3 27-04-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
A. Mandamus Commanding the
respondent authorities to take appropriate
step(s) for
stop/restrain/curb/deterrent/obstacle the
construction of Panchayat Sarkar Bhawan of
Bahadurpur Dekuli Panchayat under
Bahadurpur Block Darbhanga Bihar on
Land in question which is Raiyati land
Where by and where under
petitioner/ancestral of petitioner who were
bona fide Title holder and pay Land revenue
Malgujari till year 2025-2026 of Land in
question i.e CS Khata no 88 CS Khesra no
329 corresponding RS Khata no 273
corresponding Khesra no 585 Muaza
Mirzapur Thana no 230 Jamabandi No
195118900134599 as well as
195118900144731 Circle Bahadurpur
Sadar Subdivision Darbhanga Sadar
District Darbhanga Bihar.
(B) For any other relief/ reliefs for
which the petitioner is found entitled to in
the facts and circumstances of the present
case.
3. A counter affidavit has come on behalf of the State
Patna High Court CWJC No.2335 of 2026(3) dt.27-04-2026
3/3
respondents and learned State Counsel has taken this Court to
paragraph 9 to show that already Jamabandi Cancellation Case
No. 10 of 2025-26 is pending before the Additional Collector,
Darbhanga for an appropriate order in which the petitioner shall
be noticed.
4. This Court is of the opinion that when a
recommendation has been made and the petitioner has still not
been noticed as submitted by him, the writ petition is immature.
5. Once the notice is issued, the petitioner will have
the opportunity to put forward all his views along with
supporting documents so that a reasoned order is passed by the
concerned authority.
6. The petitioner will have the liberty to take
appropriate steps in accordance with law, if situation so warrant
and an adverse order is passed in the matter.
7. The writ petition is disposed of with aforesaid
observation.
(Rajiv Roy, J)
Vijay Singh/-
U
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