Patna High Court
Devesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the petitioner must approach the Collector with supporting documents, and the Collector will decide the matter in accordance with law, rather than the Court issuing a direct mandamus for demolition or compensation.
Summary
The petitioner, Devesh Kumar, filed a writ petition seeking a mandamus directing various state officials to demolish an illegally constructed school building on his private land, hand over possession of the land, and pay compensation of Rs.5 crore. He alleged that the school was built without any legal justification on his property in Kabirpur, Saharsa. The petitioner argued that the respondents, including the State Education Department and the Collector, were responsible for the illegal occupation. The State counsel raised no objection to the petitioner's request for the Collector to consider the matter. The Court, after hearing, disposed of the petition by directing the petitioner to approach the Collector within eight weeks with supporting documents, after which the Collector would decide the matter in accordance with law.
Issues considered
- Whether a writ of mandamus can be issued to compel demolition of an illegally constructed building on private land.
- Whether the respondents are liable to hand over possession of the private land to the petitioner.
- Whether the petitioner is entitled to compensation for the illegal occupation and construction.
- Whether the High Court can directly order demolition or must refer the matter to the administrative authority.
Subjects
- writ of mandamus
- illegal construction
- private land
- compensation
- demolition
- possession
- education department
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.608 of 2026
======================================================
Devesh Kumar Son of Late Bhupendra Narayan Singh, resident of Marar
(North), P.S. and District- Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Patna.
2. The Principal Secretary, Department of Education, Government of Bihar,
Patna.
3. The Collector-cum-District Magistrate, Saharsa.
4. The District Education Officer, Saharsa.
5. The Block Development Officer, Salakhua, Saharsa.
6. The Bloc Education Officer, Salakhua, Saharsa.
7. The Headmaster, Middle School, Kabirpur, Salakhua, District- Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saroj Kumar, Advocate
For the Respondent/s : Mr.Addl. Advocate General (12)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 20-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for the issuance of a writ of mandamus,
and/or, any other appropriate
writ/direction/order commanding the
respondents to demolish the illegally
constructed school building on the private
land of the petitioner situated at Mauza
Kabirpur, bearing Khata No.205, Khesra
Patna High Court CWJC No.608 of 2026(2) dt.20-01-2026
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No.952, Thana No.261, Circle Salakhus
having a total area of 76 decimals;
(ii) for the issuance of a writ of mandamus
and/or, any other appropriate
writ/direction/order commanding the
respondents to handover the possession of
the private land bearing Khata No.205,
Khesra No 952, Thana No.261, situated at
Mauza Kabirpur, Circle Salakhua, District
Saharsa to the petitioner;
(iii) for the issuance of a writ of mandamus
and/or, any other appropriate
writ/direction/order commanding the
respondents to pay a compensation of Rs.5
crores (Five Crores) only to the petitioner
for having illegally occupied and
constructed a school building on the private
fond of the petitioner situated at Mauza
Kabirpur, Circle Salakhua, District Saharsa
without any legal justification;
(iv) for the issuance of appropriate
direction/order to the respondents to ensure
Patna High Court CWJC No.608 of 2026(2) dt.20-01-2026
3/3
all consequential relief to the petitioner in
the facts and circumstances of the case.
3. After some argument, learned counsel for the
petitioner submits that it will suffice, if the respondent no.3, the
Collector, Saharsa looks into the matter and pass a reasoned
order.
4. Learned State counsel has no objection.
5. In that background, the writ petition is disposed of
allowing the petitioner to approach the respondent no.3, the
Collector, Saharsa in next eight weeks alongwith all the
supporting documents and if such petition is preferred, the
concerned respondent shall be taking up the matter and after
hearing all the parties will decide the same in accordance with
law at an earliest.
(Rajiv Roy, J)
Ravi/-
U
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