Patna High Court
Darweshwar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The petition was disposed without granting the reliefs, with the court directing the petitioner to approach the District Magistrate‑Collector for appropriate action.
Summary
The petitioner, Darweshwar Chaudhary, filed a writ petition seeking quashing of an order dated 25‑08‑2025 issued by the Lok Shikayat Nivaran Adhikari, a mandamus directing respondents not to interfere with his possession, a restraining order against road construction on his Khatiyani land, fresh demarcation of boundaries, and compensation for alleged harassment. He alleged that private persons had illegally constructed a road over his land and that the earlier complaint before the Lok Shikayat Nivaran Adhikari was disposed of mechanically without considering his title. The court examined the merits of the petition and, rather than granting the reliefs, directed the petitioner to file a detailed representation before the District Magistrate‑Collector, Samastipur, for appropriate action. The District Magistrate‑Collector was ordered to decide the representation within six weeks and pass a reasoned order. Accordingly, the writ petition was disposed without granting any of the prayed reliefs.
Issues considered
- Whether the order dated 25‑08‑2025 passed by the Lok Shikayat Nivaran Adhikari can be quashed.
- Whether the respondents can be restrained from interfering with the petitioner's peaceful possession of his land.
- Whether the construction of a road over the petitioner's Khatiyani land without lawful acquisition is permissible.
- Whether a fresh demarcation of the disputed land boundaries is required.
- Whether a stay of construction activities pending disposal of the petition is appropriate.
Subjects
- land dispute
- unauthorized construction
- writ of certiorari
- mandamus
- demarcation
- Khatiyani land
- Lok Shikayat Nivaran
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2552 of 2026
======================================================
Darweshwar Chaudhary S/o Late Lakhan Chaudhary, R/o Vill.- Laxminiya,
Rahiar Kunchi, Samastipur, Bihar-848209
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Government of Bihar, Patna
2. The District Magistrate, Samastipur
3. The Block Development Officer, Shivajinagar, Samastipur
4. The Circle Officer, Shivajinagar, Samastipur.
5. Panchayat Raj Officer, Shivajinagar, District- Samastipur.
6. Block Program Officer, Shivajinagar, District - Samstipur.
7. The Mukhiya, Gram Panchayat Raj Rahiyar Dakshin, P.S. Shivajinagar,
District Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vishal Vikram Rana, Advocate
Ms.Misha Bharti, Advocate
Mr.Akash Priye, Advocate
Mr.Anurg Darshi, Advocate
Mr.Kumar Saurav Dev, Advocate
Mr.Utkarsh Vikram Rana, Advocate
For the Respondent/s : Government Advocate (8)
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 16-02-2026 Heard Mr.Vishal Vikram Rana along with Ms.Misha
Bharti, Mr.Akash Priye, Mr. Anurg Darshi, and Mr. Kumar
Saurav Dev, learned counsels appearing on behalf of the
petitioner and the learned counsel for the State.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought inter alia following relief(s), which is
reproduced hereinafter:-
I. Issue a writ of certiorari quashing the
order dated 25.08.2025 passed in Complaint
Patna High Court CWJC No.2552 of 2026(2) dt.16-02-2026
2/3
No.51941011902508296 by Lok Shikayat Nivaran
Adhikari, Samastipur.
II. Issue a writ of mandamus commanding
the respondents not to interfere with the petitioner’s
peaceful possession over his land described above.
III. Issue a writ restraining the respondnets
and private persons from constructing or continuing
construction of road over petitioner’s land without
lawful acquisition.
IV. Direct the Circle Officer to conduct
fresh demarcation after notice to all parties.
V. Pending disposal of this writ petition,
the petitioner prays for stay of all construction
activities over the petitioner’s land.
VI. Directing the Respondent NO.4 for
proper adjudication and demarcation of the boundary
dispute of the said land.
VII. To allow the cost of litigation and
suitable compensation to the petitioner for the
harassment.
VIII. To allow any other relief(s) for which
the petitioner is found entitled as per the facts and
circumstances of the case.”
3. Learned counsel appearing on behalf of the
petitioner submitted that certain private persons have illegally
and unauthorizedly constructed a road over the Khatiyani land
of the petitioner bearing Khata No. 225, Khesara Nos. 2277,
2278 and 2242, measuring 3 Katha and 3 Dhur, under new
Khesara No. 704, Revenue Police Station No. 112, District
Samastipur.
4. Learned counsel further submitted that the
petitioner had earlier filed Complaint No.
519410119062508296 before the Lok Shikayat Nivaran
Patna High Court CWJC No.2552 of 2026(2) dt.16-02-2026
3/3
Adhikari, Samastipur; however, the said complaint was
disposed of in a mechanical manner vide order dated
25.08.2025 without proper consideration of the petitioner’s title
and possession over the said land.
5. The petitioner now seeks to file a detailed
representation before the District Magistrate-cum-Collector,
Samastipur, for taking appropriate and immediate action in
accordance with law for removal of the alleged unauthorized
construction over his land.
6. In case, such representation is filed on behalf of the
petitioner, the District Magistrate-cum-Collector, Samastipur, is
directed to consider and dispose of the same by passing a
reasoned order, in accordance with law, within a period of six
weeks from the date of passing of this order, so that the
petitioner may not continue to suffer on account of the alleged
illegal construction of road over his Khatiyani land.
7. With the above observation/direction, the present
writ petition stands disposed of.
(Purnendu Singh, J)
chn/-
U
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