IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2037 of 2026 ====================================================== Aniket Kumar Son of Raj Kumar Mahto Aadhar No. 2044 9056 3797, Resident of Shiva jee Nagar Pandaul, Post- Pandaul, Police Station- Pandaul, Circle Pandaul, Subdivision- Madhubani Sadar District- Madhubani Bihar, Pin code- 847234. ... ... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar. 2. The Additional Chief Secretary, Revenue and Land Reforms Department. Government of Bihar. 3. The Secretary Revenue and Land Reforms Department, Government of Bihar, Patna, Bihar. 4. The Director, Land Records and Survey, Revenue and Land Reforms Department, Government of Bihar, Patna. 5. The Divisional Commissioner, Darbhanga, Bihar. 6. The Collector cum District Magistrate, Madhubani Bihar. 7. The Superintendent of Police, Madhubani Bihar. 8. The Additional Collector (Revenue), Madhubani Bihar. 9. The Sub Divisional Officer Madhubani (Sadar), Madhubani, Bihar. 10. The Sub Divisional Police Officer (SDPO) Madhubani (Sadar), Madhubani, Bihar. 11. The Deputy Collector Land Reform, Madhubani (Sadar) Bihar. 12. The Circle Officer Pandaul, Madhubani, Bihar. 13. The Station House Officer Pandaul, Madhubani, Bihar. 14. Mr. Amarjeet Kumar Mahto, Son of Late Mohan Mahto Shiva jee Nagar Pandaul, Post Pandaul, Police Station Pandaul, Circle Pandaul, Subdivision Madhubani Sadar District Madhubani Bihar, Pin code 847234. 15. Mr. Rajan Kumar Mahto, Son of Late Mohan Mahto Shiva jee Nagar Pandaul, Post Pandaul, Police Station Pandaul, Circle Pandaul, Subdivision Madhubani Sadar District Madhubani Bihar, Pin code 847234. 16. Mrs. Nirmala Devi, Wife of Late Mohan Mahto Shiva jee Nagar Pandaul, Post Pandaul, Police Station Pandaul, Circle Pandaul, Subdivision Madhubani Sadar District Madhubani Bihar, Pin code 847234. 17. Mrs. Kushboo Kumari, Wife of Rakesh Mahto Shiva jee Nagar Pandaul, Post Pandaul, Police Station Pandaul, Circle Pandaul, Subdivision Madhubani Sadar District Madhubani Bihar, Pin code 847234. 18. Mrs. Puja Devi, Wife of Dipu Kumar Mahto Shiva jee Nagar Pandaul, Post Pandaul, Police Station Pandaul, Circle Pandaul, Subdivision Madhubani Sadar District Madhubani Bihar, Pin code 847234. ... ... Respondent/s ====================================================== Patna High Court CWJC No.2037 of 2026(2) dt.16-02-2026 2/4 Appearance : For the Petitioner/s : Mr. Manish Kumar No 13, Advocate Mr. Rohit Kumar, Advocate For the Respondent/s : Mr. Lokesh Kumar Singh, AC to SC 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 2 16-02-2026 Heard Mr. Manish Kumar No 13 along with Mr. Rohit Kumar, learned counsels appearing on behalf of the petitioner and Mr. Lokesh Kumar Singh, learned AC to SC 6 for the State. 2. Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:- “(A) A mandamus commanding the respondent authorities to take appropriate step(s) for restrains constraints stopping illegal construction on village public Road by Miscreant (Respondent no.14, 15, 16, 17, 18) which creates breach of peace as well as violence on land in question i.e., Khata no 1049 Khesra no 3647 Mauza Pandaul Pashimi Thana no 108 Area 01 Khata 14 dur Circle Pandaul Subdivision Madhubani Sadar District Madhubani Bihar. (B) A Mandamus commanding the respondent authorities to take appropriate step(s) for do needful act in the light of letter no.02/legal dated 08.01.2026(Annexure P 4) issued by Court of Subdivisional Magistrate, Sadar Madhubani for illegal construction on village public road by miscreant (respondent no.14, 15, 16, 17, 18) which creates violence as well as bloodshed on land in question i.e. khata no 1049 khesra no3647 Muaza Pandaul pashimi Thana no108 Area 01 khata 14 dur Circle Pandaul Subdivision Madhubani Sadar District Madhubani Bihar. (C) A mandamus commanding the respondent authorities to take appropriate step(s) for action under Section 163 as well as Section 164 of Bharatiya Nagarik Suraksha Sanhita, 2023 on illegal construction on village Public Road by miscreant (respondent no. 14, 15, 16, 17, 18) which creates breach of peace on land in question i.e. Khata no.1049 Khesra no.3647 Muaza Pandaul Pashimi Thana no.108 area 01 khata 14 dur Circle Pandaul Subdivision Madhubani Sadar District Madhubani Bihar. (D) For any other relief/reliefs for which the petitioner is found entitled to in the facts and circumstances Patna High Court CWJC No.2037 of 2026(2) dt.16-02-2026 3/4 of the present case.” 3. Learned counsel appearing on behalf of the petitioner submitted that illegally the authorities have constructed public road upon the land appertaining to Khata No.1049, Khesra No.3647, Muaza Pandaul Pashimi Thana No.108, an area of 1 khata 14 dhur in connivance with private respondents no.14 to 18. 4. Mr. Lokesh Kumar Singh, learned counsel appearing on behalf of the State after having been informed by the Circle Officer, Pandaul, Madhubani informs that the aforesaid land, which belongs to the petitioner, according to the entries made in the Cadestral Survey, as well as, revisional survey, is Kaimi, i.e. raiyati land of the petitioner. 5. Considering the aforesaid submissions made on behalf of the parties, the District Magistrate-cum-Collector, Madhubani is directed to constitute a three-member-committee, for holding an inquiry in respect of road constructed over the land in question. After proper consideration of the revenue records, the Committee is directed to submit a report in that regard to the District Magistrate. The District Magistrate after considering the report of the committee, is required to give opportunity of hearing to all the concerned parties, including private respondents no.14 to 18 and the petitioner in particular, Patna High Court CWJC No.2037 of 2026(2) dt.16-02-2026 4/4 and pass a reasoned order in accordance with law. In case, the land of the petitioner has illegally been acquired in construction of road then in that case, the same is required to be removed forthwith, ensuring to hand over the vacant possession of the land in question to the petitioner in accordance with the instructions contained in Letter No. 3578 dated 17.06.2013 and the subsequent clarification made by the State Government from time to time. 6. The writ petition, accordingly, stands disposed of. Sanjay/- (Purnendu Singh, J) U