Patna High Court
Manoj Kumar PathakversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed, directing the petitioner to approach the District Magistrate‑Collector for relief and refusing to issue mandamus.
Summary
Manoj Kumar Pathak filed a writ petition seeking mandamus to stop the construction of a Panchayat Bhawan on his raiyati land in Mouza Panchaina and to direct the authorities to build the Bhawan on government land elsewhere, also claiming lack of acquisition and compensation. The petitioner claimed he had already made a representation to the Circle Officer but was advised to approach the District Magistrate. The State counsel argued that the petitioner should first move before the District Magistrate‑Collector for any relief. The Court observed that the petitioner must file a proper representation before the District Magistrate‑Collector and that any further development would be subject to the Collector’s order. Consequently, the writ petition was disposed without granting mandamus, directing the petitioner to seek relief through the administrative channel.
Issues considered
- Whether construction of Panchayat Bhawan on the petitioner's raiyati land without acquisition and compensation is unlawful.
- Whether the High Court can issue a mandamus directing the respondents to halt construction and to build on alternative government land.
- Whether the petitioner must first approach the District Magistrate‑Collector for redress before seeking judicial intervention.
Subjects
- writ jurisdiction
- mandamus
- land acquisition
- rai yati land
- compensation
- Panchayat Bhawan
- administrative law
- District Magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4470 of 2026
======================================================
Manoj Kumar Pathak S/o- Baleshwar Pathak, Resident of Village- Pachaina,
P.S.- Koilwar, District - Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Land Reform and
Revenue Department, Govt. of Bihar, Patna.
2. Secretary Building Construction Department, Govt. of Bihar, Patna.
3. District Magistrate, Bhojpur.
4. Chief Engineer, Building Construction Dept. (South), Govt. of Bihar, Patna.
5. Superintendent Engineer, Building Construction Department Building
Anchal, Ara Bhojpur.
6. Executive Engineer Building Construction Depart., Building Division, Ara
Bhojpur.
7. Circle Officer, Koilwar, Bhojpur Ara.
8. Officer In-Charge Koilwar, Police Station, Distt- Bhojpur.
9. M/s Ramjee Singh and Company Rampur Barhara, Dist.- Bhojpur.
10. Ashok Kumar Singh @ Rambabu Singh S/o Janardan Singh Proprietor, M/s
Ramjee Singh and Company, R/o Village- Rampur, P.S.- Barhara, Dist-
Bhojpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the State : Mr. K.P. Gupta, GP-10
: Mr. Satya Vrat, AC to GP-10
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 15-04-2026 Heard Mr. Ashok Kumar, learned counsel for the
petitioner and learned counsel representing the State.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of writ in the nature of
MANDAMUS for commanding the respondents
Patna High Court CWJC No.4470 of 2026(2) dt.15-04-2026
2/3
not to make construction of Panchayat Bhawan
over the raiyati land of the petitioner situated in
Mouza Panchaina having Khata No.-03, 186
(old) 233(new) Khesara No.-1044(new) 898
(Old), 1041(new) 873(old) and 987(new) 858
without making acquisition though land
acquisition proceeding. and or giving adequate
compensation for the land.
(ii) for issuance of writ in the nature of
MANDAMUS for directing the respondents
concerned to make Construction of the
Panchayat Bhawan in Mouza Pachaina itself for
which Government land is already available
west to the Pathkhoulia a Devi Temple which is
situated on the main Road which goes to the Ara.
(iii) for grant of stay of construction of
Panchayat Bhawan over abovementioned land of
the Petitioner till disposal of the writ petition.
(iv) any other relief/reliefs which this
Hon'ble court may deem fit and proper in the
fact and circumstances of the Present case.”
3. At the outset, learned counsel for the petitioner
submits that a proper representation has been preferred before
the respondent no.7, Circle Officer, Koilwar, Bhojpur for the
redressal of the grievance.
4. Learned counsel representing the State on the other
hand submits that if the petitioner is aggrieved, he should have
Patna High Court CWJC No.4470 of 2026(2) dt.15-04-2026
3/3
move before the District Magistrate-cum-Collector, Bhojpur
(respondent no.3) so that he/she can pass an appropriate order in
accordance with law after hearing all the parties.
5. Learned counsel for the petitioner submits that he
shall be filing a proper representation before the respondent
no.3, the District Magistrate-cum-Collector, Bhojpur for the
redressal of the grievance.
6. In case, the petitioner moved before the concerned
Collector, Bhojpur in next four weeks, who shall be taking up
the matter and after putting the concerned parties on notice, it is
expected that he/she shall be taking the matter to its logical
conclusion at an earliest.
7. The writ petition is disposed of with the aforesaid
observation.
8. Any development that will take place in between
shall be subject to the final outcome of the order passed by the
District Magistrate-cum-Collector, Bhojpur.
(Rajiv Roy, J)
vinayak/-
U
Checking your session…