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Patna High Court

Pawan Kumar MishraversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioners must first approach the Collector, Saran, and accordingly disposed of the writ petition.

Summary

The petitioners, three members of the Mishra family, filed a writ petition seeking the removal of a PCC road that had been constructed on their vacant Raiti land in Banpura, Saran. They alleged that the road was built illegally by the Circle Officer of Ekma Circle in collusion with local officials, and requested that the respondents vacate and dismantle the road and pass appropriate orders. The State counsel argued that the petitioners should first approach the Collector of Saran for redress. After hearing both sides, the Court directed the petitioners to file a petition with the Collector within four weeks, directing the Collector to hear all parties and issue a reasoned order within three months. Consequently, the writ petition was disposed without further adjudication on the merits.

Issues considered

  • Whether the petitioners are required to approach the Collector, Saran, before filing a writ petition for the removal of the PCC road constructed on their land.

Subjects

  • public works road
  • vacant land
  • administrative remedy
  • exhaustion of alternative remedy
  • civil writ jurisdiction
  • Bihar
  • High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.5432 of 2026
                 ======================================================
           1.     Pawan Kumar Mishra Son of Late harish Chandra Mishra, Resident of
                  Village- Banpura Ke Tola, Banpura, Police Station- Rasulpur, District-
                  Saran.
           2.    Devendra Mishra, S/o Late Radha Mohan Mishra, Resident of Village-
                 Banpura Ke Tola, Banpura, Police Station- Rasulpur, District- Saran.
           3.    Parmendra Mishra, Son of Late Radha Mohan Mishra, Resident of Village-
                 Banpura Ke Tola, Banpura, Police Station- Rasulpur, District- Saran.

                                                                          ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Secretary, Revenue Land Reforms
                 Department, Government of Bihar, Old Secretariat, Patna.
           2.    The District Magistrate, Saran.
           3.    The Addl. District Magistrate, Saran.
           4.    The Circle Officer, Ekma, District- Saran.
           5.    The Block Development Officer, Ekma Block, Saran.
           6.    The Mukhiya, Gram Panchayat Banpura Under Ekma Block, Saran.
           7.    Shushma Kumari, the then Circle Officer, Ekma Circle, Saran at present
                 posted as Circle Officer, Shambhuganj, Banka.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Binoy Kumar, Advocate
                 For the Respondent/s   :        Mr.Standing Counsel (25)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   27-04-2026                 Heard        Mr.Binoy Kumar, learned counsel for the

                   petitioners and the State.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) to direct the concerned respondents to

                                            vacate the P.C.C. road which has been

                                            constructed on the vacant land (Raiti) of the
Patna High Court CWJC No.5432 of 2026(2) dt.27-04-2026
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                                  petitioners. The land in question is situated

                                  at Anchal Mauza Banpura, Thana No. 27,

                                  Khata No. 433, Khesra No. 313)) area one

                                  Katha 15 dhrs;

                                  (ii) to direct the concerned authority to

                                  remove the constructed P.C.C. road which

                                  has been illegally constructed on the vacant

                                  Raiti land of the petitioners by the concerned

                                  Circle Officer of Ekma Circle, District Saran

                                  in connivance with Mukhiya of Banpura

                                  Gram Panchayat and Chandra Shekhar

                                  Upadhyay and Amar Nath Upadhyay;

                                  (iii) to direct the concerned respondents to

                                  pass necessary order or orders as your

                                  Lordships may deem fit and proper in the

                                  facts and circumstances of the case,

                       3. Learned State counsel submits that the petitioner

          ought to have moved before the Collector, Saran at Chapra for

          the redressal of the grievance.

                       4. Learned counsel for the petitioner submits that he

          shall be filing a petition before the concerned respondent

          bringing on record all the facts including the highhandedness
         Patna High Court CWJC No.5432 of 2026(2) dt.27-04-2026
                                                     3/3




                   attitude of the respondent nos. 6 and 7.

                                5. Having heard the parties, this court allows the

                   petitioner to approach the Collector, Saran at Chapra in next

                   four weeks who shall be taking up the matter and after

                   noticing/hearing all the parties, shall be disposing it of by a

                   reasoned order preferably within a period of three months from

                   the date the petition is received in his/her office.

                                6. The writ petition is disposed of.




                                                 (Rajiv Roy, J)
Ravi/-

U


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