Patna High Court
Amresh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The court held that the petitioner must first exhaust the available administrative remedies before the High Court can entertain the writ petition, and therefore dismissed the petition.
Summary
Amresh Kumar filed a writ petition in the Patna High Court seeking certiorari and mandamus to quash a municipal decision to construct shops over a drainage channel that serves local residents and to compel preservation of the drain. He alleged that the decision taken on 04‑02‑2025 by the Municipal Commissioner violated his rights and would obstruct water flow. The court noted that the petitioner had already submitted representations to the District Magistrate, which were annexed to the petition. The bench directed the petitioner to file a fresh representation before the Municipal Commissioner and the District Magistrate and ordered the respondents to consider the issues within two months. Consequently, the writ application was disposed of without granting any of the reliefs, emphasizing the need to exhaust administrative remedies before judicial intervention.
Issues considered
- Whether the decision to construct municipal shops over an existing drainage channel can be quashed by a writ of certiorari.
- Whether a writ of mandamus can be issued to prevent construction and to preserve the drainage channel.
- Whether the petitioner must first exhaust available administrative remedies before approaching the High Court under Article 226.
Subjects
- certiorari
- mandamus
- drainage channel
- municipal shops
- administrative law
- exhaustion of remedies
- public utility
- environmental protection
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4810 of 2026
======================================================
Amresh Kumar Son of Jawahar Singh, Resident of Village- Laxmipur,
Balbhadarpur, P.S. - Laheriasarai, District- Darbhanga (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Urban Development and
Housing Department, Government of Bihar, Patna.
2. The Principal Secretary, Urban Development and Housing Department,
Government of Bihar, Patna.
3. The Darbhana Municipal Corporation through the Commissioner,
Darbhanga Municipal Corporation, Darbhanga.
4. The Commissioner, Darbhanga Municipal Corporation, Darbhanga.
5. The Bihar Rajya Pul Nirman, Nigam Ltd., through its Chairman, Sardar
Patel Marg, Patna.
6. The Chairman, Bihar Rajya Pul Nirman Nigam, Sardar Patel Marg, Patna.
7. The District Magistrate, Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar, Advocate
Mr. Pranav Kumar, Advocate
For the Respondent/s : Government Pleader (23)
Mr. Bindhyachal Rai, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 06-04-2026 1. Heard learned counsel for the petitioner and
learned counsel for the respondents.
2. The petitioner has filed the instant application
for the following reliefs:
“i) For issuance of an appropriate writ in the
nature of Certiorari quashing the decision taken
in the meeting dated 04.02.2025 under the
chairmanship of the Municipal Commissioner,
Darbhanga, whereby it has been decided to
construct municipal shops over the existing
Patna High Court CWJC No.4810 of 2026(2) dt.06-04-2026
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drainage channel which is the only channel
being used by local residents including the
petitioner.
(ii) For issuance of an appropriate writ, order or
direction in the nature of Mandamus
commanding the respondents not to proceed with
construction of shops or any permanent
structure over the existing municipal drain
situated adjacent to the petitioner's property at
Mohalla- Balbhadrapur, P.S.- Laheriasarai,
District- Darbhanga.
(iii) For issuance of an appropriate writ, order
or direction in the nature of Mandamus directing
the respondents to maintain and preserve the
existing municipal drainage channel and ensure
that the drainage capacity and natural flow of
water is not obstructed, reduced or altered by
any construction activity.
(iv) For issuance of an appropriate writ in the
nature of Certiorari for quashing any
administrative decision, plan, approval or action
whereby the respondents have proposed or
permitted construction of shops over or
immediately above the said municipal drain.
(v) For issuance of an appropriate direction
upon the respondents to conduct a proper survey
and technical inspection and prepare a scientific
drainage plan before undertaking any
construction activity in the locality.
(vi) For issuance of any other writ, order or
direction which this Hon'ble Court may deem fit
Patna High Court CWJC No.4810 of 2026(2) dt.06-04-2026
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and proper in the facts and circumstances of the
case.”
3. Having heard learned counsel for the parties and
having perused the contents of the petition, it transpires from the
reliefs prayed for herein that the petitioner has filed
representation before the respondent District Magistrate which
have been brought on record as Annexures-5, 6 and 7 to the writ
application.
4. Having perused the materials on record, the writ
application is disposed of directing the petitioner to file a fresh
representation before the Municipal Commissioner, Darbhanga
(respondent no.4) and the District Magistrate, Darbhanga
(respondent no.7) within a period of four weeks.
5. The respondents shall consider the issues raised by
the petitioner in his representation and decide the same in
accordance with law within a period of two months from the
date of its filing.
6. The order passed on the representation shall be
communicated to the petitioner immediately on its disposal.
7. The writ application stands disposed of.
Bibhash (Partha Sarthy, J)
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