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2024 DAILYLAW 2114 (PAT)

Nand Kumar Mahto v. The State of Bihar

CWJC/8229/2024 · 2026-06-29

Rajiv Roy

body2024

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8229 of 2024 ====================================================== Nand Kumar Mahto Son of Bhola Mahto Resident of Brahman Tola, Nirpur, P.S- Karpuri (Samastipur), District- Samastipur. ... ... Petitioner/s Versus 1. The State of Bihar through Additional Chief Secretary, Panchayati Raj Department, Government of Bihar, Patna. 2. The Additional Chief Secretary, Panchayati Raj Department, Government of Bihar, Patna. 3. The Additional Chief Secretary, Building Construction Department, Government of Bihar, Patna. 4. The Chief Architect, office of Chief Architect, Building Construction Department Government of Bihar, Patna. 5. The Executive Engineer, Building Construction Department. 6. The District Magistrate, Samastipur. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Ravi Bhardwaj, Advocate For the Respondent/s : Mr.Sarvesh Kumar Singh, AAG (13) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 29-06-2026 Heard the parties. 2. The present petition has been preferred for the following relief/s: (i) to issue an appropriate writ(s) / order(s) / direction(s) upon the respondent authorities to forthwith stop the construction of panchayat bhawan on the ancestral property of the petitioner situated at Khata no. 255 Khesra no. 1773 thana 45 mauza Nirpur Patna High Court CWJC No.8229 of 2024(2) dt.29-06-2026 2/3 rakwa 11 katha which has been started without any authority of law; (ii) to direct the respondent authorities to produce and quash the document / order / notice, if any, by which the land situated at Khata no. 255 Khesra no. 1773 thana 45 mauza Nirpur rakwa 11 katha has been directed to be used for construction of panchayat bhawan; (iii) to adjudge, hold and declare that the actions of the respondent authorities in unauthorisedly constructing the panchayat bhawan, behind the back of the petitioner, on the gair majarua khas land of the petitioner is illegal and the entire construction made must be demolished; (iv) to restrain the respondents from proceeding with further construction of the panchayat bhawan on the above mentioned land; (v) any other relief(s) that the petitioner is entitled to in the facts and circumstances of Patna High Court CWJC No.8229 of 2024(2) dt.29-06-2026 3/3 the case. 3. Learned counsel for the petitioner prays for withdrawal of the petition with liberty to approach the appropriate authority. 4. Granting said liberty and without commenting on the merit of the case, the writ petition is disposed of as withdrawn. Ravi/- (Rajiv Roy, J) U