Patna High Court
Ramavatar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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