Umesh Mandal (Karta Of The Family) v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16135 of 2025 ====================================================== Umesh Mandal (Karta of the family) Son of Late Vishwanath Mandal, residency of Village-Madhuvan, Post Office-Chakmahila, Police StationPunaura District-Sitamarhi. ... ... Petitioner/s

Versus

1.

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

The District Magistrate, Sitamarhi.

3.

The Superintendent of Police, Sitamarhi.

4.

The Sub Divisional Officer, Sadar, Sitamarhi. 5.

The Circle Officer, Sadar Block, Sitamarhi.

6.

The Executive Officer, Sitamarhi Municipal Corporation, Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Kumar, Advocate For the Respondent/s :

Mr.Sanjay Kumar Tiwari, AC to GA-11 For respondent no.6 :

Mr. Surendra Kumar Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-11-2025 Heard Mr. Shashi Bhushan Kumar, learned counsel for the petitioner, the State beside learned counsel for the Municipal Corporation, Sitamarhi.

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

(i) for issuance of a writ in the nature of Mandamus, commanding the respondents not to proceed with or carry out any construction of Government buildings upon the Raiyati land of the petitioner bearing Khata no. 111, Khesra No. 865, Rakawa 1 Katha, situated at Madhuvan near Brahma Thakur. Sitamarhi, as the said construction

Patna High Court CWJC No.16135 of 2025(2) dt.10-11-2025 2/3 was commenced on 07.09.2025 without acquisition of the land in accordance with law and without payment of compensation to the petitioner;

(ii.) for issuance of a writ in the nature of Mandamus, directing the respondents to remove encroachment including building materials upon the petitioner's aforementioned Raiyati land;

(iii) for issuance of appropriate writ for restraining the respondent for the further construction of the Government Building upon the Raiyati land of the petitioner;

(iv) for any other relief(s) as this Hon'ble Court may deem fit and proper in the fa.

3. The claim of the petitioner is that the land was purchased by his mother, Meena Devi in the year 1980 having rent receipts but the Government is trying to construct building upon the raiyati land.

4. Learned State Counsel as also learned counsel representing the Municipal Corporation have submitted that the facts/links are missing in the case inasmuch as the claim of

Patna High Court CWJC No.16135 of 2025(2) dt.10-11-2025 3/3 purchase is of the year 1980 but the first rent receipt was issued in the year 2018. The lady was blessed with three sons inasmuch as beside the petitioner, Naresh Mandal and Ganesh Mandal are also there but they are neither the petitioner nor the respondent.

5. Learned counsel for the petitioner submits that being 'Karta' of the family, he has approached the Court, in any case with all the supporting documents, he intends to approach the Collector, Sitamarhi (respondent no.2) for the redressal of the grievance.

6. Neither the State nor the Municipal Corporation has/have any objection.

7. In that background, the writ petition is disposed of allowing the petitioner to approach the respondent no.2, the Collector, Sitamarhi in next four weeks and if such petition alongwith the supporting documents are filed, the concerned respondent shall be noticing all the relevant parties and shall be passing an appropriate order at an earliest.

(Rajiv Roy, J) Ravi/- U