Patna High Court
RazauallahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed of, with the Court directing the petitioner to seek redress before the Collector and staying any further construction pending that order.
Summary
Petitioner Razauallah, claiming ownership of raiyati land in Siwan district, filed a writ petition seeking certiorari and mandamus to quash the construction of a Panchayat Sarkar Bhawan on his land and to restrain further development. He alleged that the construction proceeded without any acquisition or legal authority, violating Articles 14, 21 and 300A of the Constitution. The Court noted that the petitioner had made several representations to the respondents which remained unanswered. The Court directed the petitioner to file a detailed representation before the Collector of Siwan within four weeks and ordered that any construction be stayed pending the Collector’s reasoned order. Accordingly, the writ petition was disposed of with the observation that the matter will be decided by the Collector.
Issues considered
- Whether the construction of a government building on the petitioner's raiyati land without acquisition is arbitrary, illegal and violative of Articles 14, 21 and 300A of the Constitution.
- Whether the Court should issue writs of certiorari and mandamus to restrain the respondents from proceeding with the construction.
Subjects
- rai yati land
- land acquisition
- certiorari
- mandamus
- constitutional rights
- public authority
- writ petition
- construction stay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2419 of 2026
======================================================
Razauallah Son of Late Amanutullah, Resident of village- Dhankar, P.S.-
Markan, District- Siwan, Bihar, 841226.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Rural Development Department, Government of
Bihar, Patna.
3. The Principal Secretary, Building Construction Department, Government of
Bihar, Patna.
4. The District Magistrate, Siwan.
5. The Executive Engineer, Building Construction Department, Siwan.
6. The Block Development Officer, Husainganj, District- Siwan.
7. The Circle Officer, Husainganj, District- Siwan.
8. The Mukhiya, Anchal Hussain, District Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Kant, Advocate
For the Respondent/s : Mr.Government Pleader -24
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 12-02-2026 Heard Mr.Chandra Kant, learned counsel for the
petitioner and the State.
2. The present petition has been preferred for the
following relief/s:
(i) issue an appropriate writ, order or
direction in the nature of certiorari quashing
the decision/action of the respondents to
construct a Kisan Bhawan/any government
building over the petitioner's Raiyati/dih
basgit land appertaining to Thana No. 236,
Patna High Court CWJC No.2419 of 2026(2) dt.12-02-2026
2/3
Touzi No. 5489, Khata No. 54, Khewat No.
02,Kheshra No. 597, Mauza Dhankhar,
P.S/Anchal Husainganj, District – Siwan;
(ii) issue an appropriate writ in the nature of
mandamus restraining the respondents, their
agents and contractors from making any
construction or changing the nature and
character of the aforesaid land, and directing
them to remove any construction, if already
raised;
(iii) to hold that the action of the respondents
in attempting to construct a government
building over the petitioner's private raiyati
land without acquisition or authority of law is
arbitrary, illegal and violative of Articles 14,
21 and 300A of the Constitution of India;
(iv) grant any other relief/reliefs for which the
petitioner is found entitled in the facts and
circumstances of the case.
3. The petitioner is aggrieved by the construction of
Panchayat Sarkar Bhawan which he claims to be his raiyati land.
4. The land details are as follows:
“Thana No. 236, Touzi No. 5489, Khata
Patna High Court CWJC No.2419 of 2026(2) dt.12-02-2026
3/3
No. 54, Khewat No. 02,Kheshra No. 597,
Mauza Dhankhar, Circle- Husainganj,
District – Siwan;.”
5. This Court has taken note of the fact that several
representations have been preferred before the respondent
authority, it went unanswered.
6. In that background, learned counsel for the petitioner
submits that he shall be filing a detailed representation alongwith
the supporting documents before the Collector, Siwan (respondent
no.4).
7. If the said representation is preferred in next four
weeks, the Collector, Siwan shall hear the parties and after going
through the records, shall pass a reasoned order.
8. Any development that takes place on the land in
question, it will be subject to the final outcome of the order
passed by the learned Collector, Siwan at an earliest.
9. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
Ravi/-
U
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