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Patna High Court

Ramavatar ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner must approach the appropriate authority or court for redress and did not grant the writ of mandamus.

Summary

The petitioner, Ramavatar Chaudhary, filed a writ petition seeking a mandamus directing various state authorities to initiate an encroachment case for removal of illegal constructions on public road plots and to order an inquiry against the Circle Officer for inaction. He also requested that his representation be disposed of with a reasoned order. The State counsel had no objection to the petitioner’s intention to approach the appropriate authority or court for redress. The High Court, after hearing, declined to issue the writ and instead directed the petitioner to approach the appropriate authority or court for his grievance, indicating that any subsequent petition would be pursued to its logical conclusion. Consequently, the writ petition was disposed without granting the specific reliefs sought.

Issues considered

  • Whether a writ of mandamus can be issued directing the State authorities to institute an encroachment case against private encroachment on a public road.
  • Whether the Court can order an inquiry against the Circle Officer for alleged inaction.
  • Whether the representation filed by the petitioner must be disposed of by a reasoned order.

Subjects

  • encroachment
  • public road
  • mandamus
  • writ petition
  • administrative law
  • representation
  • inquiry

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.527 of 2026
                 ======================================================
                 Ramavatar Chaudhary Son of Late Ram Krishna Chaudhary, Resident of
                 village- Andhratharhi, Ward No. 11, P.S.- Andhratharhi, District- Madhubani.

                                                                                ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Collector, Madhubani.
           2.    The Sub Divisional Officer, Madhubani.
           3.    The Circle Officer, Andhratharhi, District- Madhubani.
           4.    Mamta Devi, Wife of Sanjay Kumar Chaudhary, X
           5.    Sanjay Kumar Chaudhary, Son of Late Dev Narayan Chaudhary, Resident of
                 village- Andhratharhi, Ward No. 11, P.S.- Andhratharhi, District- Madhubani
                 (Bihar).

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Aditya Kumar Pandey, Advocate
                 For the Respondent/s   :        Mr.Government Pleader (11)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   10-03-2026                 Heard Mr. Aditya Kumar Pandey, learned counsel for

                   the petitioner and the State.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for issuance of writ in the nature of

                                            mandamus       directing      the       respondent

                                            authorities to institute encroachment case

                                            for removal of encroachment from Plot No.

                                            1141, 1138 and 968 which is recorded as

                                            Bihar   Sarkar     Road     but      the     private

                                            respondent by making pucca construction
Patna High Court CWJC No.527 of 2026(3) dt.10-03-2026
                                            2/3




                                  and making boundary wall has encroached

                                  the public road and being the member of

                                  Zila     Parishad     is   not   removing   the

                                  encroachment from the land in question’

                                  (ii) for further direction to the respondent

                                  authorities to hold an inquiry against the

                                  Circle Officer concerned who despite of the

                                  representation filed by the petitioner as well

                                  as the public of the village not instituting

                                  encroachment case and has not taken any

                                  action up till now;

                                  (iii) for further direction to the respondent

                                  authorities to dispose of the representation

                                  of the petitioner by reasoned and speaking

                                  order within time frame;

                                  (iv) for any other relief/reliefs for which the

                                  petitioner may be found entitled to..

                       3. After some argument, learned counsel for the

          petitioner submits that he shall be approaching the appropriate

          authority/Court for the redressal of the grievance.

                       4. Learned State counsel has no objection to the said

          stand of the petitioner.
         Patna High Court CWJC No.527 of 2026(3) dt.10-03-2026
                                                     3/3




                                5. In that background, the writ petition is disposed of

                   allowing      the     petitioner        to    approach   the   appropriate

                   authority/Court for the said grievance and needless to add, if

                   such petition is filed, the same will be taken to its logical

                   conclusion.




                                                 (Rajiv Roy, J)
Ravi/-

U


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