Pawan Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5432 of 2026 ====================================================== 1.
Pawan Kumar Mishra Son of Late harish Chandra Mishra, Resident of Village- Banpura Ke Tola, Banpura, Police Station- Rasulpur, DistrictSaran. 2.
Devendra Mishra, S/o Late Radha Mohan Mishra, Resident of VillageBanpura Ke Tola, Banpura, Police Station- Rasulpur, District- Saran. 3.
Parmendra Mishra, Son of Late Radha Mohan Mishra, Resident of VillageBanpura Ke Tola, Banpura, Police Station- Rasulpur, District- Saran. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Secretary, Revenue Land Reforms Department, Government of Bihar, Old Secretariat, Patna. 2.
The District Magistrate, Saran.
3.
The Addl. District Magistrate, Saran.
4.
The Circle Officer, Ekma, District- Saran.
5.
The Block Development Officer, Ekma Block, Saran. 6.
The Mukhiya, Gram Panchayat Banpura Under Ekma Block, Saran. 7.
Shushma Kumari, the then Circle Officer, Ekma Circle, Saran at present posted as Circle Officer, Shambhuganj, Banka. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binoy Kumar, Advocate For the Respondent/s :
Mr.Standing Counsel (25) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-04-2026 Heard Mr.Binoy Kumar, learned counsel for the petitioners and the State.
2. The present petition has been preferred for the following relief/s:
(i) to direct the concerned respondents to vacate the P.C.C. road which has been constructed on the vacant land (Raiti) of the
Patna High Court CWJC No.5432 of 2026(2) dt.27-04-2026 2/3 petitioners. The land in question is situated at Anchal Mauza Banpura, Thana No. 27, Khata No. 433, Khesra No. 313)) area one Katha 15 dhrs;
(ii) to direct the concerned authority to remove the constructed P.C.C. road which has been illegally constructed on the vacant Raiti land of the petitioners by the concerned Circle Officer of Ekma Circle, District Saran in connivance with Mukhiya of Banpura Gram Panchayat and Chandra Shekhar Upadhyay and Amar Nath Upadhyay;
(iii) to direct the concerned respondents to pass necessary order or orders as your Lordships may deem fit and proper in the facts and circumstances of the case,
3. Learned State counsel submits that the petitioner ought to have moved before the Collector, Saran at Chapra for the redressal of the grievance.
4. Learned counsel for the petitioner submits that he shall be filing a petition before the concerned respondent bringing on record all the facts including the highhandedness
Patna High Court CWJC No.5432 of 2026(2) dt.27-04-2026 3/3 attitude of the respondent nos. 6 and 7.
5. Having heard the parties, this court allows the petitioner to approach the Collector, Saran at Chapra in next four weeks who shall be taking up the matter and after noticing/hearing all the parties, shall be disposing it of by a reasoned order preferably within a period of three months from the date the petition is received in his/her office.
6. The writ petition is disposed of.
(Rajiv Roy, J) Ravi/- U