Patna High Court
Mister@Md. MisterversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court did not issue a mandamus but granted the petitioner liberty to approach the Circle Officer and disposed of the petition.
Summary
The petitioner, Md. Mister, filed a writ petition seeking a mandamus directing the State of Bihar and its officials to refrain from constructing the HL Bridge on land he claims as his Khatiyani property in Hanuman Nagar, Darbhanga. He alleged that the bridge construction under the NAWARD Scheme would encroach upon his 8 Kattha 10 Dhur of land. The petitioner’s counsel requested that, alternatively, he be permitted to approach the Circle Officer for redressal of the grievance. The State counsel raised no objection to this alternative. The Court, without addressing the merits, granted the petitioner liberty to approach the concerned Circle Officer and disposed of the writ petition.
Issues considered
- What relief, if any, should be granted to the petitioner to prevent construction of the HL Bridge on the alleged private land?
- Whether the Court should issue a writ of mandamus directing the respondents to halt the bridge construction?
Subjects
- mandamus
- public works
- land acquisition
- writ petition
- civil writ jurisdiction
- construction
- government authority
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4483 of 2026
======================================================
Mister@Md. Mister S/O-Late Late Md. Murshid Shaikh, R/V-Ratanpura Tola
Mathura, P.S. Moro, Dist- Darbhanga At present- Aristocard Marbal Davari
Nagar, Aliyavar Jang Marg, P.O PS Santakunz (East), District- Mumbai
Suburban (Maharastra) 400055.
... ... Petitioner/s
Versus
1. The State of Bihar through its District Magistrate, Darbhanga.
2. The District Collector, Laheriasarai, Darbhanga.
3. The Executive Engineer, Rural Works department, Work Division
Darbhanga-1,
4. The Circle Officer, Hanuman Nagar, District-Darbhanga.
5. The Assistant Engineer, Rural Work Department, Work Sub Division,
Hanuman Nagar, District-Darbhanga.
6. Junior Engineer, Rural Affairs Department Work Department, Hanuman
Nagar, District- Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar, Advocate
For the State : Mr. Standing Counsel (5)
: Mr. Kumar Pankaj, AC to SC-5
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 15-04-2026 Heard Mr. Ajay Kumar, learned counsel for the
petitioner and Mr. Kumar Pankaj, learned AC to SC-5
representing the State.
2. The present petition has been preferred for the
grant of following relief(s):
“for issuance of appropriate
writ/order/direction in nature of mandamus
commanding upon the respondents from
constructing of HL Bridge in Hanuman Nagar
Patna High Court CWJC No.4483 of 2026(2) dt.15-04-2026
2/2
Block under Ratanpura Panchayat Ghat and
Trimuhani Ghat under NAWARD Scheme on the
Khatiyani Land/House of the petitioner situated
at Mauza-Ratanpura, Thana No. 158, P.S.-
Hanuman Nagar, Anchal-Hanuman Nagar,
District-Darbhanga in Khata No. 313 (old)/
1040 (New), Khesara No. 909 (old) 1419 (new)
area 8 Kattha 10 Dhur land.”
3. After some argument, learned counsel for the
petitioner submits that it will suffice, if he is allowed to
approach the Circle Officer, Hanuman Nagar, Darbhanga for the
redressal of the grievance/measurement of the land.
4. Learned State counsel has no objection.
5. Without commenting on the merit of the case and
granting liberty to the petitioner to approach the concerned
respondent, the writ petition is disposed of.
(Rajiv Roy, J)
vinayak/-
U
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