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Patna High CourtCWJC/2552/2026disposed

Darweshwar Chaudhary v. The State Of Bihar

2026-02-16Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2552 of 2026 ====================================================== Darweshwar Chaudhary S/o Late Lakhan Chaudhary, R/o Vill.- Laxminiya, Rahiar Kunchi, Samastipur, Bihar-848209 ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna 2.

The District Magistrate, Samastipur 3.

The Block Development Officer, Shivajinagar, Samastipur 4.

The Circle Officer, Shivajinagar, Samastipur. 5.

Panchayat Raj Officer, Shivajinagar, District- Samastipur. 6.

Block Program Officer, Shivajinagar, District - Samstipur. 7.

The Mukhiya, Gram Panchayat Raj Rahiyar Dakshin, P.S. Shivajinagar, District Samastipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishal Vikram Rana, Advocate Ms.Misha Bharti, Advocate Mr.Akash Priye, Advocate Mr.Anurg Darshi, Advocate Mr.Kumar Saurav Dev, Advocate Mr.Utkarsh Vikram Rana, Advocate For the Respondent/s :

Government Advocate (8) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-02-2026 Heard Mr.Vishal Vikram Rana along with Ms.Misha Bharti, Mr.Akash Priye, Mr. Anurg Darshi, and Mr. Kumar Saurav Dev, learned counsels appearing on behalf of the petitioner and the learned counsel for the State.

2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia following relief(s), which is reproduced hereinafter:- I. Issue a writ of certiorari quashing the order dated 25.08.2025 passed in Complaint

Patna High Court CWJC No.2552 of 2026(2) dt.16-02-2026 2/3 No.51941011902508296 by Lok Shikayat Nivaran Adhikari, Samastipur.

II. Issue a writ of mandamus commanding the respondents not to interfere with the petitioner's peaceful possession over his land described above. III. Issue a writ restraining the respondnets and private persons from constructing or continuing construction of road over petitioner's land without lawful acquisition.

IV. Direct the Circle Officer to conduct fresh demarcation after notice to all parties. V. Pending disposal of this writ petition, the petitioner prays for stay of all construction activities over the petitioner's land.

VI. Directing the Respondent NO.4 for proper adjudication and demarcation of the boundary dispute of the said land.

VII. To allow the cost of litigation and suitable compensation to the petitioner for the harassment.

VIII. To allow any other relief(s) for which the petitioner is found entitled as per the facts and circumstances of the case."

3. Learned counsel appearing on behalf of the petitioner submitted that certain private persons have illegally and unauthorizedly constructed a road over the Khatiyani land of the petitioner bearing Khata No. 225, Khesara Nos. 2277, 2278 and 2242, measuring 3 Katha and 3 Dhur, under new Khesara No. 704, Revenue Police Station No. 112, District Samastipur.

4. Learned counsel further submitted that the petitioner had earlier filed Complaint No.

519410119062508296 before the Lok Shikayat Nivaran

Patna High Court CWJC No.2552 of 2026(2) dt.16-02-2026 3/3 Adhikari, Samastipur; however, the said complaint was disposed of in a mechanical manner vide order dated 25.08.2025 without proper consideration of the petitioner's title and possession over the said land.

5. The petitioner now seeks to file a detailed representation before the District Magistrate-cum-Collector, Samastipur, for taking appropriate and immediate action in accordance with law for removal of the alleged unauthorized construction over his land.

6. In case, such representation is filed on behalf of the petitioner, the District Magistrate-cum-Collector, Samastipur, is directed to consider and dispose of the same by passing a reasoned order, in accordance with law, within a period of six weeks from the date of passing of this order, so that the petitioner may not continue to suffer on account of the alleged illegal construction of road over his Khatiyani land.

7. With the above observation/direction, the present writ petition stands disposed of.

(Purnendu Singh, J) chn/- U