Manoj Kumar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4470 of 2026 ====================================================== Manoj Kumar Pathak S/o- Baleshwar Pathak, Resident of Village- Pachaina, P.S.- Koilwar, District - Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Land Reform and Revenue Department, Govt. of Bihar, Patna.

2.

Secretary Building Construction Department, Govt. of Bihar, Patna. 3.

District Magistrate, Bhojpur.

4.

Chief Engineer, Building Construction Dept. (South), Govt. of Bihar, Patna. 5.

Superintendent Engineer, Building Construction Department Building Anchal, Ara Bhojpur.

6.

Executive Engineer Building Construction Depart., Building Division, Ara Bhojpur.

7.

Circle Officer, Koilwar, Bhojpur Ara.

8.

Officer In-Charge Koilwar, Police Station, Distt- Bhojpur. 9.

M/s Ramjee Singh and Company Rampur Barhara, Dist.- Bhojpur. 10.

Ashok Kumar Singh @ Rambabu Singh S/o Janardan Singh Proprietor, M/s Ramjee Singh and Company, R/o Village- Rampur, P.S.- Barhara, DistBhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the State :

Mr. K.P. Gupta, GP-10 :

Mr. Satya Vrat, AC to GP-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-04-2026 Heard Mr. Ashok Kumar, 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 writ in the nature of MANDAMUS for commanding the respondents

Patna High Court CWJC No.4470 of 2026(2) dt.15-04-2026 2/3 not to make construction of Panchayat Bhawan over the raiyati land of the petitioner situated in Mouza Panchaina having Khata No.-03, 186 (old) 233(new) Khesara No.-1044(new) 898 (Old), 1041(new) 873(old) and 987(new) 858 without making acquisition though land acquisition proceeding. and or giving adequate compensation for the land.

(ii) for issuance of writ in the nature of MANDAMUS for directing the respondents concerned to make Construction of the Panchayat Bhawan in Mouza Pachaina itself for which Government land is already available west to the Pathkhoulia a Devi Temple which is situated on the main Road which goes to the Ara. (iii) for grant of stay of construction of Panchayat Bhawan over abovementioned land of the Petitioner till disposal of the writ petition. (iv) any other relief/reliefs which this Hon'ble court may deem fit and proper in the fact and circumstances of the Present case."

3. At the outset, learned counsel for the petitioner submits that a proper representation has been preferred before the respondent no.7, Circle Officer, Koilwar, Bhojpur for the redressal of the grievance.

4. Learned counsel representing the State on the other hand submits that if the petitioner is aggrieved, he should have

Patna High Court CWJC No.4470 of 2026(2) dt.15-04-2026 3/3 move before the District Magistrate-cum-Collector, Bhojpur (respondent no.3) so that he/she can pass an appropriate order in accordance with law after hearing all the parties.

5. Learned counsel for the petitioner submits that he shall be filing a proper representation before the respondent no.3, the District Magistrate-cum-Collector, Bhojpur for the redressal of the grievance.

6. In case, the petitioner moved before the concerned Collector, Bhojpur in next four weeks, who shall be taking up the matter and after putting the concerned parties on notice, it is expected that he/she shall be taking the matter to its logical conclusion at an earliest.

7. The writ petition is disposed of with the aforesaid observation.

8. Any development that will take place in between shall be subject to the final outcome of the order passed by the District Magistrate-cum-Collector, Bhojpur.

(Rajiv Roy, J) vinayak/- U