Patna High Court
Ramdev SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- KHATIM REZA
Holding
The Court directs the District Magistrate‑cum‑Collector, Banka to dispose of the petitioner's representations, including any fresh filing, within three months of receipt of this order.
Summary
The petitioner, Ramdev Singh, claimed ownership of a 21.8 decimal plot of land in Village Kehnichak, which had been in his family's possession for decades. He alleged that the State authorities, acting on the instructions of the Gram Panchayat Mukhiya, began illegal construction of a Panchayat Sarkar Bhawan on his land and cut down five mature mango trees, causing substantial loss. The petitioner filed representations with the Circle Officer, Police Officer, and District Magistrate, but received no response, prompting a writ petition seeking a prohibition against the construction and a mandamus directing the authorities to stop the work and investigate the land's status. The State argued that the writ should be dismissed but agreed to direct the District Magistrate to consider the petitioner's representation. The High Court, after hearing counsel, directed the District Magistrate‑cum‑Collector of Banka to examine the fresh representation and the earlier one dated 28‑02‑2026 and to pass a reasoned order within three months.
Issues considered
- Whether the construction of the Panchayat Sarkar Bhawan on the petitioner's land violates the Bihar Panchayat Raj Act and the 2019 order of the Principal Secretary.
- Whether the respondents can be restrained by a writ of prohibition or mandamus to halt the construction and tree felling.
- Whether the District Magistrate‑cum‑Collector is obligated to dispose of the petitioner's representations within a reasonable time.
Legislation cited
Subjects
- land ownership
- illegal construction
- Panchayat building
- writ of prohibition
- mandamus
- administrative inaction
- Bihar Panchayat Raj Act
- property rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6106 of 2026
======================================================
Ramdev Singh, Son of Late Hitlal Singh, Resident of Village Kehnichak,
Gram Panchayat-Karsoap, P.S-Shambhuganj, Anchal and Block-
Shambhuganj, District- Banka.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Panchayat Raj
Department, Government of Bihar, Patna.
2. District Magistrate, Banka.
3. District Panchayat Raj Officer, Banka.
4. Sub Divisional Officer Banka, District- Banka.
5. Block Development Officer, Block- Shambhuganj, District- Banka.
6. Block Panchayat Raj Officer, Block- Shambhuganj, District- Banka
7. The Circle Officer, Circle Office- Shambhuganj, District-Banka.
8. Halka Karmchari, Circle Office- Shambhuganj, District-Banka.
9. Officer in Charge, Shambhuganj Police Station, District-Banka.
10. Mukhiya, Gram Panchayat- Karsoap Panchayat, Block-Shambhuganj,
District- Banka.
11. Panchayat Sachiv, Gram Panchayat- Karsoap Panchayat, Block-
Shambhuganj, District- Banka.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Jha, Adv.
For the Respondent/s : Mr. Government Advocate (5)
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 05-05-2026 Heard learned counsel for the parties.
2. This writ application has been filed for the
following reliefs:-
(i) For issuance of a writ in the nature of
prohibition or any other appropriate writ, order or
direction to the respondents restraining them from
making illegal construction of Panchayat Sarkar
Bhawan of Karsoap Gram Panchayat in the
Shambhuganj Block, District- Banka at an
inappropriate and wrong place at Village
Kehnichak when the lands selected for construction
Patna High Court CWJC No.6106 of 2026(2) dt.05-05-2026
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is mentioned as "गै र माजरआ मजकुर" bearing
Mauza- Rutpaye, Thana no 48, Khata No. 120,
Khesra No. 41, an area of about-21.8 decimal
which admittedly belongs and in possession of the
petitioner, over which an old mango orchard
existed for about 70-80 years (planted by the father
of the petitioner and this petitioner) violating all
the laws and rules of Bihar Panchayat Raj Act and
the order/direction of the Principal Secretary,
Department of Panchayati Raj, government of
Bihar issued on 26.02.2019 vide memo no 2P/Pa
So, Bha-09-10/2017/1436 Panchayat Raj, Patna.
Thus violating all command of laws and
rules of Bihar Panchayat Raj Act and instruction of
Principal Secretary, Panchayati Raj department,
the respondents are going to construct the
Panchayat Sarkar Bhawan as per their own
suitability and choice, for their own benefit with
obvious reasons, at the behest of Mukhiya of the
Gram Panchayat, who became instrumental in this
illegal act and in most arbitrary manner when the
petitioner never came to know that any proposal
for construction of Panchayat Sarkar Bhawan is
passed by the Gram Panchayat Aam Sabha over
the petitioner's land.
(ii) For issuance of writ in the nature of
mandamus commanding the respondents to
immediately stop the construction of Panchayat
Sarkar Bhawan, if undertaken without clarifying
the fact that whether the lands belongs to Bihar
Patna High Court CWJC No.6106 of 2026(2) dt.05-05-2026
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Sarkar or not and under whose direction, 5 Big
Mango trees of about 70-80 years old have been
cut down which caused loss of Rs 2 ½ Lakh per
tree as per current market value.
3. Learned counsel for the petitioner submits that
the land in question has been settled in favour of the ancestor of
the petitioner bearing Khata No. 120, Plot No. 41, Area 21.8
decimals, Mauza-Rutpaye, Thana No. 48, District-Banka.
Accordingly, the name of the ancestor was mutated and
Jamabandi No. 132 was created in the name of his father. Since
then, the petitioner is coming in peaceful possession of the
aforesaid land. It is further submitted that Circle Officer and
Block Officer, Shambhuganj came with labour and J.C.B. and
started cutting mango trees from the orchard. Soon thereafter,
the petitioner approached and filed a detailed application before
the Circle Officer, Shambhuganj and the Officer Incharge of
Shambhuganj Police Station on 12.02.2026. However, no action
was taken by the Circle Officer as well as the Officer Incharge,
whereafter, he filed a detailed representation before the District
Magistrate-cum-Collector, Banka on 28.02.2026. The learned
District Magistrate-cum-Collector, Banka has not responded and
sitting tight over the matter.
4. Learned counsel for the petitioner prays that a
Patna High Court CWJC No.6106 of 2026(2) dt.05-05-2026
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direction may be given to the District Magistrate-cum-Collector,
Banka to inquire into the matter and dispose of the said
representation dated 28.02.2026 within a reasonable time. It is
also further prayed that a liberty may be given to the petitioner
to file fresh representation alongwith supporting documents
before the District Magistrate-cum-Collector, Banka so that a
reasoned order may be passed by the Collector.
5. Learned counsel for the State also submits that
the writ application may be disposed of with a direction to the
District Magistrate-cum-Collector, Banka to dispose of the
representation dated 28.02.2026 filed by the petitioner.
6. Considering the aforesaid facts and submissions
made by the parties in the writ application, the District
Magistrate-cum-Collector, Banka is directed to dispose of the
fresh representation alongwith supporting documents to be filed
by the petitioner as well as the representation of the petitioner
dated 28.02.2026, preferably, within a period of three months
from the date of receipt/production of the copy of this order.
(Khatim Reza, J)
prabhat/-
U
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