Patna High Court
Md. Kutubuddin AnsariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the petitioner must first file a fresh representation before the Collector‑cum‑District Magistrate, who will decide the matter, before any writ relief can be entertained.
Summary
The petitioner, Md. Kutubuddin Ansari, claimed that a parcel of land in Gopalganj district, settled in favour of his ancestors before independence, was being earmarked for the construction of the Pyarepur Panchayat Sarkar Bhawan. He sought a writ of certiorari to quash the letter dated 20.02.2026 approving the construction and a writ of mandamus to restrain the authorities from proceeding. The State argued that the matter should be taken to its logical conclusion through the existing administrative process. The Court held that the petitioner must first file a fresh representation before the Collector‑cum‑District Magistrate, Gopalganj, who is the appropriate authority to consider the grievance. Accordingly, the petition was disposed with a direction to the petitioner to approach the Collector and for the matter to be concluded within six months.
Issues considered
- What is the appropriate remedy for the petitioner seeking to stop the construction of the Panchayat building on land claimed to be settled in his favour?
- Whether the letter dated 20.02.2026 approving the construction can be quashed by a writ of certiorari?
- Whether the petitioner must first approach the Collector‑cum‑District Magistrate before invoking higher judicial relief?
Subjects
- land settlement
- writ of certiorari
- writ of mandamus
- Panchayat building
- representation before Collector
- high court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4226 of 2026
======================================================
Md. Kutubuddin Ansari Son of Asmahamad Ansari, Resident of Village-
Khaira Asha, P.S.- Baikunthpur, District - Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Government of Bihar, Patna.
2. The Secretary, Panchayati Raj Department, Government of Bihar, Patna.
3. The Director, Panchayati Raj Department, Government of Bihar, Patna.
4. The Divisional Commissioner, Saran Division, Chapra.
5. The Collector -cum- District Magistrate, Gopalganj.
6. The District Panchayati Raj Officer, Gopalganj.
7. The Executive Engineer, Local Area Engineering Organisation (LAEO)
Works Division, Gopalganj.
8. The Circle Officer, Baikunthpur, District - Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
: Mr. Prasoon Shekhar, Advocate
: Mr. Uday Pratap Singh, Advocate
For the State : Mr. Standing Counsel (24)
: Mr. Sudhanshu Shekhar, AC to SC-24
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 07-04-2026 Heard Mr. Sanjeev Kumar, learned counsel for the
petitioner duly assisted by Mr. Prasoon Shekhar as also learned
State counsel.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) a writ in the nature of Certiorari or any
other appropriate writ for quashing the letter
dated 20.02.2026 by which the description of
Patna High Court CWJC No.4226 of 2026(2) dt.07-04-2026
2/3
lands has been provided by the District
Panchayati Raj Officer, Gopalganj to the
Director, Panchayati Raj Department,
Government of Bihar, Patna for providing
approval for construction of Pyarepur
Panchayat Sarkar Bhawan, so far as it concerns
Panchayat - Pyarepur, Block Baikunthpur.
(ii) a writ in the nature of Mandamus
or any other appropriate writ/order/direction
commanding the Respondent authorities not to
construct the Pyarepur Panchayat Sarkar
Bhawan over the land of the Petitioner, which
had been settled in favour of the ancestors of the
Petitioner prior to independence by the ex-
landlord.
(iii) for any other relief(s) to which the
Petitioners may be found entitled.”
3. After some argument, learned counsel for the
petitioner submits that though the representation is before the
respondent no.5, the Collector-cum-District Magistrate,
Gopalganj, a fresh representation shall be filed.
4. Learned State counsel submits that the same shall
Patna High Court CWJC No.4226 of 2026(2) dt.07-04-2026
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be taken to its logical conclusion.
5. In that background, the writ petition is disposed of
allowing the petitioner to file a fresh representation before the
respondent no.5, the Collector-cum-District Magistrate,
Gopalganj who shall be taking the matter to its logical
conclusion at an earliest, preferably within a period of six
months.
6. Before parting, this Court would like to put on
record its word of appreciation for Mr. Prasoon Shekhar, for the
proper assistance rendered in the matter.
(Rajiv Roy, J)
vinayak/-
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