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Patna High Court

Ajit Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered that the respondents must dispose of the petitioner's representation within four weeks of the hearing and refrain from unlawful interference.

Summary

The petitioner, Ajit Kumar Singh, filed a writ petition seeking a mandamus directing the respondents, including various district and police officials, to dispose of his representation concerning construction on his land (Khata No. 279, Khesara No. 1910) and to restrain certain officials from unlawfully interfering with the construction. The petitioner argued that he would approach the revenue/administrative court with a fresh representation, and the State counsel raised no objection. The Court observed that if the petition is filed within four weeks of hearing, the respondent authorities must promptly conclude the matter. Accordingly, the Court disposed of the writ petition, directing the respondents to take the matter to its logical conclusion at the earliest. No specific statutes or precedents were cited.

Issues considered

  • Whether the respondents can be directed by a writ of mandamus to dispose of the petitioner's representation regarding construction on his land
  • Whether the petitioner is entitled to restrain the respondents from interfering with his construction activities

Subjects

  • writ of mandamus
  • land dispute
  • construction
  • administrative law
  • representation
  • restraining order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8689 of 2025
                 ======================================================
                 Ajit Kumar Singh S/o Late Suresh Prasad Singh, Resident of Village-
                 Khetalpura, P.S. - Sare, District- Nalanda.
                                                                              ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar through the District Magistrate, Nalanda, Biharsharif.
           2.    The Sub Divisional Magistrate, Biharsharif.
           3.    The Land Reform Deputy Collector, Biharsharif.
           4.    The Circle Officer, Asthawan, District- Nalanda.
           5.    The Superintendent of Police, Nalanda, Biharsharif.
           6.    The Deputy Superintendent of Police, Biharsharif.
           7.    The S.H.O. Sare, Police Station, District- Nalanda.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sunil Kumar Singh, Advocate
                 For the State            :        Mr. Government Advocate (10)
                                          :        Mr. Parmendra Kumar Singh, AC to GA-10
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   04-05-2026                     Heard Mr. Sunil Kumar Singh, learned counsel for

                   the petitioner and learned counsel representing the State.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                              “(i) for issuance of appropriate direction,

                                        order,    writ   in   the   nature    of   mandamus

                                        commanding the respondents to dispose of the

                                        representation as contained in annexure-1 of this

                                        writ application by restraining the respondent

                                        no.-4 and respondent no.-7 from illegally and

                                        unlawfully interfering and forcing the petitioner

                                        to stop construction over his land bearing Khata

                                        No.- 279, Khesara No. 1910, total area- 3
            Patna High Court CWJC No.8689 of 2025(2) dt.04-05-2026
                                                         2/2




                                         dismal, Thana No. 239, Mauza Khetalpura,

                                         Circle Office-Asthawan, P.S.- Sare, District-

                                         Nalanda until or unless he will give nazarana for

                                         doing construction over it.

                                                     (ii) for any other relief/reliefs for

                                         which the petitioner is entitled to, in the fact and

                                         the circumstances of this case.”

                                   3. After some argument, learned counsel for the

                      petitioner     submits      that     he   shall   be   approaching    the

                      Revenue/Administrative             side/court     by   filing   a    fresh

                      representation.

                                   4. Learned State counsel has no objection.

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

                      with the aforesaid observation that if such petition is preferred

                      in four weeks after noticing/hearing the parties, the respondent

                      authorities are duty bound to take the matter to its logical

                      conclusion, at an earliest.



                                                    (Rajiv Roy, J)
vinayak/-

U


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