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Patna High Court

Mister@Md. MisterversusThe State of Bihar

Decided
Disposal
DISPOSED

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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