Patna High Court
Md. Shamim DarziversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court declined to grant the writ, directing the petitioners to approach the Collector and disposing of the petition without adjudicating the merits.
Summary
The petitioners, Md. Shamim Darzi and Noor Mohammad, filed a writ petition seeking a direction restraining the State of Bihar and municipal authorities from constructing a drainage line through their land and from proceeding with any acquisition without following law. They also requested that no public‑interest work be carried out on their raiyat land without proper acquisition. The respondents submitted affidavits stating that no construction had yet been undertaken on the petitioners’ land. The court observed these affidavits, noted the absence of any actual work, and held that the petitioners could approach the Collector for redress. Without expressing any view on the merits, the court granted the petitioners liberty to approach the Collector and disposed of the writ petition. Consequently, the petition was dismissed.
Issues considered
- Whether the respondents may construct a drainage line through the petitioners' land without acquiring it under law.
- Whether a writ can be issued restraining the acquisition and construction on the petitioners' raiyat land.
- Whether the petitioners must first approach the Collector before seeking judicial intervention.
Subjects
- writ petition
- land acquisition
- drainage construction
- public interest
- restraining order
- municipal corporation
- Bihar
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.941 of 2025
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1. Md. Shamim Darzi Son of Mohammad Mustafa, Resident of Mohalla-
House No. 32, Sanghat Tola Bhauara P.S.- Nagar, District- Madhubani.
2. Noor Mohammad, Son of Mohammad Mustafa, Resident of Mohalla- House
No. 32, Sanghat Tola Bhauara P.S.- Nagar, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through Collector, Madhubani.
2. The Collector Madhubani, District- Madhubani.
3. The Sub Divisional Officer, Madhubani Sadar, Madhubani.
4. The D.C.L.R., Madhubani Sadar District- Madhubani.
5. The Circle Officer, Rahika, District- Madhubani.
6. The Municipal Corporation, Madhubani through its Chairman.
7. The Chairman, Municipal Corporation, Madhubani.
8. The Municipal Commissioner, Municipal Corporation, Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratanakar Jha, Advocate
For the Respondent/s : Mr. Government Pleader (26)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 04-05-2026 Heard Mr. Ratnakar Jha, learned counsel for the
petitioner, Mr. Nilendu Kumar Chaudhary for the Madhubani
Municipal Corporation and Mr. Gautam Kumar Yadav, learned
counsel for the State.
2. The present petition has been preferred for the
following relief(s):
“(i) For issuance of an appropriate writ
order, direction, restraining the respondents from
taking any action for construction of drainage
through the petitioner's land bearing Plot
No.5459(old), Plot NO.3(New) of Mauza Bhauara,
Ward No. 20, P.S.+District Madhubani without
Patna High Court CWJC No.941 of 2025(3) dt.04-05-2026
2/2
taking any action of acquisition process..
(ii) issuance of an appropriate writ, order,
direction to the respondents that no work on raiyat
land of petitioners even in public Interest can not be
completed without taking land of raiyat in
accordance with law.
(iii) For issuance of any other order or
orders for which petitioners are found entitled.”
3. The affidavits have come both from the Madhubani
Municipal Corporation as also the State Revenue Authorities and
their consistent statement is/are that no construction has taken
place on the land of the petitioner. This statement has been
recorded pursuant to the separate inquiry conducted by them.
4. Learned counsel for the petitioner submits that he has
some grievance and it would be appropriate that he is allowed to
approach the Collector, Madhubani in this regard.
5. Granting said liberty and without commenting on the
merit of the case, the writ petition stands disposed of.
(Rajiv Roy, J)
Adnan/-
U
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