Patna High Court
ShipraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court granted liberty to the petitioner to withdraw the writ and consequently disposed of the petition without granting any relief.
Summary
Shipra, a resident of Patna, filed a writ petition seeking a certiorari to quash a notice dated 31.12.2025 issued by the District Magistrate directing her to remove a house built on her raiyati land, which the respondents claimed was under acquisition by the Bihar State Housing Board. She also prayed for a mandamus to stay the operation of the notice and restrain any coercive action during the pendency of the petition. The petitioner’s counsel later requested liberty to withdraw the petition and to pursue appropriate legal steps thereafter. The Court, after hearing the parties, granted the requested liberty to withdraw the writ. Consequently, the Court disposed of the petition without entertaining the substantive reliefs sought.
Issues considered
- What is the legality of the notice directing removal of the house on raiyati land?
- Whether the land in question is lawfully under acquisition by the Bihar State Housing Board?
- Whether the petitioner is entitled to a writ of certiorari and mandamus to quash and stay the notice.
Subjects
- raiyati land
- land acquisition
- certiorari
- mandamus
- stay of notice
- property rights
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2899 of 2026
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Shipra wife of Soumitra Singh, resident of Village-Rajauli, Police Station-
Rajauli, District-Nawada at present residing at Mohalla- Lohiyanagar, Police
Station- Patrakar Nagar, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Department of Urban Development and Housing,
Government of Bihar, Patna.
3. Bihar State Housing Board through its Managing Director, Patna
4. The Managing Director, Bihar State Housing Board, Patna.
5. The Patna Municipal Commission through its Municipal Commissioner.
6. The District Magistrate cum Collector Patna.
7. The In charge Executive Engineer, Bihar State Housing Board, Patna.
8. The Circle Officer, Phulwari Sharif, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shakti Suman Kumar, Advocate
: Mr. Rajesh Ranjan, Advocate
For the State : Mr. Government Pleader (22)
: Mr. Rakesh Ranjan, AC to GP-22
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 10-03-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of an appropriate writ in
the nature of certiorari for quashing of the
notice no. 813 dated 31.12.2025 (as contained in
Annexure- P/4) issued by the respondent no.
7whereby and where under respondent no. 7
directed the petitioner to remove her house
constructed upon her raiyati land measuring
Patna High Court CWJC No.2899 of 2026(2) dt.10-03-2026
2/2
about 7.694 decimal situated at Mauza-
Jaganpura under Thana No. 26, Khata No. 37,
Khesra No. 1258 on the ground that land in
question is under acquisition of respondent
Bihar State Housing Board.
(ii) for issuance of an appropriate writ in the
nature of mandamus that during the pendency of
the present writ petition operation of the
impugned notice no. 813 dated 31.12.2025 (as
contained in Annexure- P/4) may be stayed and
the respondents may be restrained from taking
any coercive step against the petitioner.
(iii) any other writ/writs, order/orders or
direction/directions as the facts and
circumstances of the case may require and
deemed fit by this Hon'ble Court may also be
issued.”
3. Mr. Rajesh Ranjan, learned counsel for the
petitioner prays for withdrawal of the petition with liberty to
take appropriate steps in accordance with law.
4. Granting said liberty, the writ petition is disposed
of.
(Rajiv Roy, J)
vinayak/-
U
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