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Patna High Court

Udbhaw Jankalyan SansthanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petition is dismissed; no writ of mandamus is issued to stop the construction.

Summary

Udbhaw Jankalyan Sansthan, represented by Md. Ahmad, filed a writ petition seeking a mandamus directing the State of Bihar and its officials to halt the construction of a Panchayat Sarkar Bhawan on land that allegedly overlapped a public road (Anabad Sarva Sadharan Sadak) in Bauram, Darbhanga. The petitioners claimed that the building obstructed a long‑standing public right of way. The State counsel argued that the construction falls within the exclusive domain of the State and the Gram Panchayat and that the building is already completed, denying any encroachment on a public road. After hearing the submissions, the Court found the allegations unsubstantiated and was not inclined to entertain the public interest litigation. Consequently, the petition was dismissed without granting the writ of mandamus.

Issues considered

  • Whether the construction of the Panchayat Sarkar Bhawan on the alleged public road is illegal and warrants issuance of a writ of mandamus.
  • Whether the Court can entertain a public interest litigation challenging a State‑initiated construction project.

Subjects

  • public interest litigation
  • writ of mandamus
  • construction on public road
  • Panchayat Sarkar Bhawan
  • state authority
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.2989 of 2026
                 ======================================================
           1.     Udbhaw Jankalyan Sansthan through its Member namely Md. Ahmad,
                  having its registered office address- village and P.O.- Bauram, via- Biraul,
                  P.S.- Jamalpur, Block- Gaura Bauram, District- Darbhanga, Bihar- 847203.
           2.    Md. Ahmad, S/o- Md. Abdur Rashid, R/o- village- Nari, Nari Bhadawn,
                 District- Darbhanga, Bihar- 847103.

                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna,
                 Bihar.
           2.    The Additional Chief Secretary, Panchayati Raj Department, Govt. of Bihar,
                 Patna.
           3.    The District Magistrate, Darbhanga, Bihar.
           4.    The Additional Collector, Darbhanga, Bihar.
           5.    The Sub-Divisional Public Grievance Redressal Officer, Biraul, Darbhanga,
                 Bihar.
           6.    The Sub-Divisional Officer, Biraul, Darbhanga, Bihar.
           7.    The Deputy Collector of Land Reforms, Darbhanga, Bihar.
           8.    The Circle Officer, Gaura Bauram, Darbhanga, Bihar.
           9.    The Block Panchayati Raj Officer, Gaura Bauram, Darbhanga, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Sanjeev Kumar Shrivastava, Adv.
                 For the Respondent/s   :        Mr. Government Advocate (5)
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   09-04-2026                 The writ petition has been filed with the following

                   prayer:-

                                                       “i. For the issuance of writ in
                                            the nature of Mandamus for commanding
                                            the Respondent authorities to stop the
                                            construction work of the Panchayat
                                            Sarkar Bhawan over the Anabad Sarva
            Patna High Court CWJC No.2989 of 2026(3) dt.09-04-2026
                                                        2/2




                                              Sadharan Sadak/public road situated at
                                              Mauza-Bauram, Thana no.-413, Circle
                                              GauraBauram, District-Darbhanga, Plot
                                              no.-483,       GauraBauram,      District-
                                              Darbhanga;
                                                         ii. For the issuance of writ in
                                              the nature of Mandamus to the
                                              respondent authorities to refrain from
                                              constructing the Panchayat Sarkar
                                              Bhawan over the afore-said land as the
                                              construction is blocking the several year
                                              access to public road;”

                                  2. Learned Counsel for the State submitted that

                      construction of Panchayat Sarkar Bhawan is within the

                      exclusive domain of the State and the concerned Gram

                      Panchayat, in accordance with the guidelines issued in this

                      regard. However, on instruction he submitted that Panchayat

                      Sarkar Bhawan has already been completed and the finishing

                      touches are going on and the allegation that it has been made on

                      a public road is not correct.

                                  3. In view of such submission made by the learned

                      Advocate for the State, we are not inclined to entertain this

                      public interest litigation and accordingly, it stands dismissed.


                                          (Sangam Kumar Sahoo, CJ)



                                                  (Harish Kumar, J)
shivank/-
U


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