Patna High Court
Md. Rustam AliversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- KHATIM REZA
Holding
The Court held that the petition is premature and must be pursued administratively, directing the petitioner to file a fresh representation before the Collector.
Summary
Petitioner Md. Rustam Ali filed a writ petition seeking a mandamus directing the State of Bihar to demolish a government primary school constructed on his land without his consent, to quash the administrative order constituting the school, and to initiate criminal action against the officials involved. The Court, after hearing counsel, found that the grievance should first be addressed administratively. It directed the petitioner to file a detailed representation, with supporting documents, before the Collector of Katihar within three weeks. The Collector was instructed to dispose of the representation by a speaking order within two months and to communicate any order to the petitioner. Consequently, the writ application was disposed of pending the petitioner’s fresh representation.
Issues considered
- Whether the construction of a government primary school on the petitioner's land without his consent can be challenged by a writ of mandamus or certiorari.
- Whether the authorities can be directed to demolish the school building and initiate criminal proceedings against the officials responsible.
- Whether the petitioner must first approach the administrative authority (Collector) with a representation before seeking judicial relief.
Subjects
- writ of mandamus
- certiorari
- land rights
- government school construction
- administrative law
- Bihar
- High Court
- demolition
- criminal action
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2997 of 2026
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Md. Rustam Ali, aged about 58 years, Male, S/o Md. Eanu, resident of
Village- Deogaon, Bharri, P.S- Kadwa, Dist.- Katihar, Bihar- 855105.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
3. The Additional Chief Secretary, Department of Revenue and Land Reforms,
Government of Bihar, Patna.
4. The Additional Chief Secretary, Panchayati Raj Department, Government of
Bihar, Patna.
5. Deputy Director, Panchayati Raj, Purnea Division, Purnea.
6. The Director, Primary Education, Govt. of Bihar, Patna.
7. The District Magistrate, Katihar.
8. The District Panchayati Raj Officer, Katihar.
9. The Sub-Divisional Officer, Katihar.
10. The Block Development Officer, Kadwa, Katihar.
11. The Block Panchayati Raj Officer, Kadwa, Katihar.
12. The Circle Officer, Kadwa, Katihar.
13. The Primary School, Devgaon, Gram-Panchayat- Bharri, P.S. and Block-
Kadwa, District- Katihar, through Headmaster.
14. The Panchayat Secretary, Bharri Gram-Panchayat, PO- Bharri, P.S and
Block- Kadwa, District- Katihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mohammad Akhter Hussain, Advocate
For the Respondent/s : Mr. Manoj Kumar Ambastha, SC 26
Mr. Santosh Kumar Mishra, AC to SC 26
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 10-03-2026 Heard learned counsel for the parties.
2. This writ application has been filed for the
following relief(s):
Patna High Court CWJC No.2997 of 2026(2) dt.10-03-2026
2/3
“(i) For issuance of writ in the nature of
Mandamus or any other appropriate writ for
commanding the respondent authorities to
demolish the construction of the Government
Primary School, Devgaon, which has been
constructed in the land of petitioner;
pertaining to Khata No.92, Khesra No.554,
Rakba-34 Dec.; Thana No.272; Mauja-
Devgaon; without his permission and
consent.
(ii) For issuance of writ in the nature of
mandamus or any other appropriate writ for
commanding the respondent authorities to
call for the administrative order passed by
the concerned authority whereby the
administrative order has been passed for
constitution of the Government Primary
School, Devgaon, and further be pleased to
issue of the writ in the nature Certiorari to
quash the same.
(iii) For issuance of writ in the nature of
Mandamus or any other appropriate writ for
commanding the respondent authorities to
take the action including the criminal case
against the respondent authorities who have
ordered to construct the building of the
Primary Govt. School upon the aforesaid
land of the petitioner.
(iv) For issuance of any other appropriate
writ(s), order(s) or direction(s) which your
Lordships may deem fit a proper in the facts
and circumstances of the case.”
3. Having regard to the nature of grievance of the
petitioner, with consent of counsel for both sides, this writ
application is disposed of with a direction to the petitioner to
file a fresh detailed representation annexing all the relevant
documents before the respondent no.7 i.e., the Collector,
Katihar, within a period of three weeks. If such a representation
Patna High Court CWJC No.2997 of 2026(2) dt.10-03-2026
3/3
is filed before the respondent no.7, the same shall be disposed of
by a speaking order by the respondent no.7 within a period of
two months from the date of filing of such representation. Any
order passed on the representation of the petitioner shall be
communicated to the petitioner.
4. This writ application is, accordingly, disposed of
with the aforesaid direction.
(Khatim Reza, J)
J. Alam/-
U
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