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Patna High Court

Md. Rustam AliversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                 ======================================================
                 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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