Zaki Ali Mazhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14118 of 2025 ====================================================== Zaki Ali Mazhar S/o Late Md Mazharul Haque, Resident of village- Reorha, P.O.- Reorha, P.S. Jalley, District- Darbhanga. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Rural Development Department, Government of Bihar.

3.

The District Magistrate, Darbhanga.

4.

The Sub Divisional Officer, Sadar Darbhanga.

5.

The Circle Officer, Jalley, Darbhanga.

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

For the Petitioner/s :

Mr. Anuj Dilbar Krishna, Adv.

For the Respondent/s :

Mr. Standing Counsel 06 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-09-2025 Heard the parties.

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

(i) for a direction upon the respondents authorities to remove the illegally constructed P.C.C. Road over the private land of the petitioner which was illegally constructed by the respondent authorities on the private land of the petitioner situated at Mauza Manamdeo, Circle and P.S. Jalley, District- Darbhanga bearing its Tauzi No.10714, Thana No. 11, Khata No. 02 (old), Plot No. 148(old), Khata No. 165(New), Plot No. 269(New), acquired

Patna High Court CWJC No.14118 of 2025(2) dt.08-09-2025 2/3 1872 Sq Feet (208 feet X 9 Feet) or 19 dhur land of the petitioner without giving any notice/compensation to the petitioner and without acquisition of the said land of the petitioner under the land acquisition act and without the getting NOC from the petitioner, respondent authorities have constructed the P.C.C. Road on the Raiyati land of the petitioner;

(ii) for further direction to the respondent authorities to perform their statutory duties in protection the right and interest of the petitioner over the land in question;

(iii) for any other relief/reliefs for which the petitioner is entitled for.

3. Learned counsel has taken this Court to the representation dated 13.07.2025 to submit that the Collector, Darbhanga (respondent no. 3) has failed to look into the matter and pass a reasoned order.

4. Learned State Counsel submits that appropriate steps shall be taken so that the Collector, Darbhanga takes a decision.

5. In that background, the writ petition is disposed of allowing the respondent no. 3, the District Magistrate, Darbhanga to look into the matter, issue notice to all the parties

Patna High Court CWJC No.14118 of 2025(2) dt.08-09-2025 3/3 and pass an appropriate order in accordance with law preferably by 31st December 2026.

6. The order has been passed in the presence of learned State Counsel who has undertaken that the same will be informed to the Collector, Darbhanga both telephonically as also by letter.

7. The writ petition is disposed of.

(Rajiv Roy, J) Vijay Singh/- U