Md. Shamim Darzi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.941 of 2025 ====================================================== 1.

Md. Shamim Darzi Son of Mohammad Mustafa, Resident of MohallaHouse No. 32, Sanghat Tola Bhauara P.S.- Nagar, District- Madhubani. 2.

Noor Mohammad, Son of Mohammad Mustafa, Resident of Mohalla- House No. 32, Sanghat Tola Bhauara P.S.- Nagar, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through Collector, Madhubani. 2.

The Collector Madhubani, District- Madhubani. 3.

The Sub Divisional Officer, Madhubani Sadar, Madhubani. 4.

The D.C.L.R., Madhubani Sadar District- Madhubani. 5.

The Circle Officer, Rahika, District- Madhubani. 6.

The Municipal Corporation, Madhubani through its Chairman. 7.

The Chairman, Municipal Corporation, Madhubani. 8.

The Municipal Commissioner, Municipal Corporation, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Respondent/s :

Mr. Government Pleader (26) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-05-2026 Heard Mr. Ratnakar Jha, learned counsel for the petitioner, Mr. Nilendu Kumar Chaudhary for the Madhubani Municipal Corporation and Mr. Gautam Kumar Yadav, learned counsel for the State.

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

"(i) For issuance of an appropriate writ order, direction, restraining the respondents from taking any action for construction of drainage through the petitioner's land bearing Plot No.5459(old), Plot NO.3(New) of Mauza Bhauara, Ward No. 20, P.S.+District Madhubani without

Patna High Court CWJC No.941 of 2025(3) dt.04-05-2026 2/2 taking any action of acquisition process..

(ii) issuance of an appropriate writ, order, direction to the respondents that no work on raiyat land of petitioners even in public Interest can not be completed without taking land of raiyat in accordance with law.

(iii) For issuance of any other order or orders for which petitioners are found entitled."

3. The affidavits have come both from the Madhubani Municipal Corporation as also the State Revenue Authorities and their consistent statement is/are that no construction has taken place on the land of the petitioner. This statement has been recorded pursuant to the separate inquiry conducted by them.

4. Learned counsel for the petitioner submits that he has some grievance and it would be appropriate that he is allowed to approach the Collector, Madhubani in this regard.

5. Granting said liberty and without commenting on the merit of the case, the writ petition stands disposed of. (Rajiv Roy, J) Adnan/- U