Md. Farooque @ Md. Farooque Hasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7005 of 2026 ====================================================== Md. Farooque @ Md. Farooque Hasan Son of Md. Mustafa Hassan, Resident of Mohalla- Jiwdhara, Pipra Factory, P.S.- Bajariya, District East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Devp. and Housing Development Department, Bihar, Patna. 2.

The District Magistrate, East Champaran, Motihari. 3.

The Superintendent of Police, East Champaran, Motihari. 4.

Sri Saurav Suman Yadav, the Municipal Commissioner, Motihari Municipal Corporation, East Champaran, Motihari.

5.

Ms. Priti Gupta, Mayor, Motihari Municipal Corporation, East Champaran, Motihari.

6.

Sri Ahat Shamul Haque, Ward Councilor, Ward No.- 22, Motihari Municipal Corporation, East Champaran, Motihari.

7.

Sri Rohan Ranjan Singh, the Circle Officer, Banjariya, East Champaran, Motihari.

8.

Sri Indrajeet Paswan, Station House Officer, Banjariya Police Station, East Champaran, Motihari.

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

For the Petitioner/s :

Mr. Vinay Ranjan, Advocate For the Respondent/s :

Mr. Government Pleader (04) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-06-2026 Heard the parties.

2. The present petition has been preferred for the following relief(s):

"for issuance of a Writ in the nature of mandamus commanding and directing the respondent authorities to immediate vacate the land of the petitioner over which the aforesaid respondent authorities after gain over from the residents behind the land of the petitioner forcefully constructed PCC Road over the land of the petitioner and further

Patna High Court CWJC No.7005 of 2026(2) dt.22-06-2026 2/2 directing the respondent authorities to take appropriate legal action against the respondent no. 4 to 8 and further for issuance of any other appropriate writ or writs, order or orders it may deem fit and proper by this Hon'ble Court."

3. At the outset, learned State counsel Mr. Manish Kumar has taken this Court to the Annexure incorporated by the petitioner himself which is addressed to the S.P., East Champaran, Motihari and it shows that the matter relating to the land in question, is pending before the learned Sub-Judge-IX, Mothihari vide Title Suit No. 851 of 2016 and the submission is that all the points that the petitioner want to raise here, can very well be presented before the concerned Court for proper appreciation.

4. This Court is in full agreement with the submission put forward by the learned State counsel.

5. Allowing the petitioner to take up the facts/pleas before the concerned Court where the Title Suit No. 851 of 2016 is pending, the writ petition stands disposed of. (Rajiv Roy, J) Adnan/- U