Patna High Court
The Haroon Nagar Cooperative House Construction Society LimitedversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The writ petition is dismissed and the petitioner is directed to file a fresh representation before the Executive Officer of Phulwari Nagar Parishad.
Summary
The Haroon Nagar Cooperative House Construction Society filed a writ petition seeking an inquiry and cancellation of a building plan allegedly sanctioned through misrepresentation, and also an inquiry into encroachment of public land by private builders. The petition named the State of Bihar, the Collector, the Circle Officer, the Phulwari Nagar Parishad, the Real Estate Regulatory Authority, and the private builders as respondents. The High Court, after hearing counsel, held that the petition was not maintainable in its present form and directed the petitioner to file a fresh representation before the Executive Officer of the Parishad. The Court stipulated that the representation, if filed within two weeks, must be decided by the Executive Officer within three months, with the result communicated to the petitioner. Consequently, the writ application was disposed of.
Issues considered
- What relief, if any, is available under writ jurisdiction to direct an inquiry and cancellation of a building plan alleged to be obtained by misrepresentation?
- Whether the court can order removal of encroachment on public land through a writ of mandamus against the respondents?
- Whether the petitioner should first approach the appropriate administrative authority before seeking judicial intervention?
Subjects
- writ jurisdiction
- building plan
- encroachment
- public land
- cooperative society
- Real Estate Regulatory Authority
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4951 of 2026
======================================================
The Haroon Nagar Cooperative House Construction Society Limited, a Co-
operative Society registered under the Co-operative Society Act, 1912, having
its registered office situated at Community Hall, Haroon Nagar, Sector 2, P.O.
and P.S.- Phulwari, Town and District - Patna-800014, (State of Bihar),
represented through its Secretary, namely Shahid Perwaiz, aged about 59
years, S/o Md. Ayub Ansari
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Urban Development and
Housing Department, Govt. of Bihar, Vikash Bhawan, Patna.
2. The Collector - cum District Magistrate, Patna.
3. The Circle Officer, Patna Sadar, Patna.
4. The Phulwari Nagar Parishad, Phulwari, Patna through its Executive Officer.
5. The Executive Officer, Phulwari Nagar Parishad, Phulwari, Patna.
6. The Real Estate Regulatory Authority, Bihar, Patna, office situated at- 6th
Floor, Bihar State Building Construction Corporation Campus, Hospital
Road, Shastri Nagar, Patna -800023, through its Chairman.
7. The Chairman, Real Estate Regulatory Authority, Bihar, Patna, office
situated at- 6th Floor, Bihar State Building Construction Corporation
Campus, Hospital Road, Shastri Nagar, Patna-800023
8. Azalfa Building Construction Private Limited, regd. office House No. 506
A/ 1, New Azimabad Colony, Mahendru, P.O. Mahendru, P.S.- Bahadurpur,
Town and District- Patna 800006, through its Managing Director, namely
Naushad Alam
9. Naushad Alam, Managing Director, Azalfa Building Construction Private
Limited, - regd. office - House No. 506 A/ 1, New Azimabad Colony,
Mahendru, P.O. - Mahendru, P.S.- Bahadurpur, Town and District - Patna -
800006
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Jha, Advocate
For the State : Ms. Surekha Kumari, AC to GP-18
For the RERA : Ms. Ojashwi Ishani, Advocate
Mr. Rishikesh Rajan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 09-04-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
Patna High Court CWJC No.4951 of 2026(2) dt.09-04-2026
2/3
2. The petitioner has filed the instant application for
the following relief(s):
“I. To direct the Respondent No. 4, namely
Phulwari Nagar Parishad to hold an inquiry with
regard to sanction of building plan vide Plan Case No.
15/2021 - 22 within a time frame and upon finding the
same upon misrepresentation of the Respondent No. 8
and 9 cancel the same as per law and
II. To direct the Respondent State, more
particularly Respondent No. 3 to enquire into the
matter and upon enquiry finding the paen which is a
public land being encroached upon by the Respondent
No. 8 and 9 initiate a proceeding as per law and
remove the encroachment and
III. To pass such other and further order(s)
as to your Lordships may deem fit and proper in the
interest of justice.”
3. Having heard learned counsel for the parties and
having perused the contents of the petition, the writ application
is disposed of directing the petitioner to file a fresh
representation along with a copy of this order before the
Executive Officer, Phulwari Nagar Parishad, Phulwari, Patna
(respondent no.5) within a period of two weeks.
4. In case such a representation is filed, the same shall
be decided by the respondent no.5 in accordance with law
within a period of three months from the date of its filing and
the result thereof shall be communicated to the petitioner
Patna High Court CWJC No.4951 of 2026(2) dt.09-04-2026
3/3
forthwith.
5. The writ application stands disposed of.
(Partha Sarthy, J)
Saurabh/-
U
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