Disposed¶37

Arbind Kumar v. The State of Bihar

Patna HC6 Jul 2026CWJC/1046/2026

Case brief

AI extract

What is this about?

Patna High Court, Civil Writ Jurisdiction Case No.1046 of 2026, decided 06-07-2026 by Rajiv Roy, J. Arbind Kumar v. State of Bihar and others. Keywords: raiyati land; bricks soling; paver block; illegal construction; Mukhiya; Gram Panchayat Raj Mosadpur; consent of landowner; enquiry committee; Additional Collector Begusarai; Block Development Officer Barauni; erring officials; responsibility fixed; realization of amount invested; mandamus; Khata No. 59; Khesra No. 74; Mouza Mosadpur; Thana No. 523; Touzi No. 1292; Anchal Barauni; writ petition disposed.

What did the court decide?

No substantive mandamus granted; writ petition disposed of in view of the positive steps already taken by the Collector, Begusarai, with a word of appreciation recorded for the officer. ¶37

Arbind Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1046 of 2026

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Arbind Kumar s/o Late Ram Chandra Prasad, a resident of village Harpur, P.O. - Tilrath, P.S. Barauni, Refinery, District - Begusarai, State - Bihar, PIN851122

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... ... Petitioner/s

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Versus

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The State of Bihar through Secretary, Rural Development Department.

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District Magistrate, Begusarai District, Begusarai.

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Anchal Adhikari, Barauni Anchal, District-Begusarai.

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Block Development Officer, Barauni Block, District-Begusarai.

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Mukhiya Gram Panchayat Raj Mosadpur, PS- Barauni, District- Begusarai

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajni Kant Jha, Advocate For the State : Mr. Manoj Kumar, AC to GP-4 For the resp. : Mr. Asit Kumar Jha ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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5 06-07-2026 Heard the parties.

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The present petition has been preferred for the

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following relief/s:

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“for issuance of appropriate writ/writs, order/orders or direction/directions in the nature of mandamus commanding the respondents for removing the illegal bricks soling done forcefully at the behest of the Mukhiya of Gram Panchayat Raj Mosadpur in the night of 21.05.2025 on 4 dhur raiyaiti private land in possession of the petitioner

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Patna High Court CWJC No.1046 of 2026(5) dt.06-07-2026 2/4

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appertaining to Khata No. 59, Khesra No. 74 Mouza Mosadpur, Pargana- Malki, Touzi No. 1292, Thana No. 523 Thana-Barauni Refinery, Anchal-Barauni, District - Begusarai.”.

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The petitioner who owns the land as recorded in paragraph no.1 of the petition, was aggrieved by the respondents taking steps for construction of the road on his raiyati land.

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In view of the categorical statement made by the petitioner, this Court formulated questions on 21.04.2026 to be answered by the Collector, Begusarai and read as under:

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11.In that background, the Collector, Begusarai is directed to constitute a Committee headed by the Additional Collector, Begusarai who shall enquire into the matter on the following points: 1) whether a construction has taken

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place on the raiyati land of the petitioner;

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(ii) whether at any point of time, he/ his wife gave consent,

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(iii) if there was no consent, under what circumstance the construction

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Patna High Court CWJC No.1046 of 2026(5) dt.06-07-2026

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3/4

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took place

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(iv) if still the petitioner decides not to give any consent and the paver block is indeed removed, the amount that has been invested on it has to be ascertained;

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(v) responsibility to be fixed so that after putting him/her/them on notice, the amount invested in the construction could be realized.

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12. The response of the Enquiry Committee/Action Taken Report must be part of the next affidavit filed on behalf of the Collector, Begusarai in next eight weeks.

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A supplementary counter affidavit has come on behalf of the Collector duly singed by the Block Development Officer, Barauni, Begusarai and the learned State counsel submits that inquiry team conducted inquiry and came to the conclusion that the consent of the petitioner was not taken and as such responsibilities have already been fixed against the erring officials.

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Patna High Court CWJC No.1046 of 2026(5) dt.06-07-2026 4/4

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