Md. Rustam Ali Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Md. Rustam Ali Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner directed to file a fresh detailed representation with all relevant documents before respondent no.7 (Collector, Katihar) within three weeks; respondent no.7 to dispose of the representation by a speaking order within two months of filing and to communicate any order passed to the petitioner.

Issue for consideration

Whether the construction of the Government Primary School, Devgaon on the petitioner's land (Khata No.92, Khesra No.554, Rakba-34 Dec., Thana No.272, Mauja Devgaon) without his permission and consent should be demolished at the command of the respondent authorities. +2 more

Ratio / Principle

Having regard to the nature of the petitioner's grievance, and with the consent of counsel for both sides, the writ application is disposed of with a direction to the petitioner to file a fresh detailed representation annexing all relevant documents before respondent no.7, the Collector, Katihar, within three weeks.

Key takeaways

If such a representation is filed, respondent no.7 shall dispose of it by a speaking order within two months from the date of filing of the representation.ratio¶34
Any order passed on the petitioner's representation shall be communicated to the petitioner.ratio¶34

Detailed headnote1 paragraphs

Patna High Court (Khatim Reza, J.), CWJC No.2997 of 2026, decided 10-03-2026: Md. Rustam Ali alleged that the Government Primary School, Devgaon (Khata No.92, Khesra No.554, Rakba-34 Dec., Thana No.272, Mauja Devgaon, Gram Panchayat Bharri, Block Kadwa, District Katihar) had been constructed on his land without his permission or consent. He sought mandamus for demolition of the construction, certiorari to quash the administrative order constituting the school, and action including a criminal case against the authorities who ordered the construction. Having regard to the nature of the grievance and with the consent of counsel for both sides, the Court disposed of the writ application, directing the petitioner to file a fresh detailed representation annexing all relevant documents before the Collector, Katihar (respondent no.7) within three weeks; the Collector was to dispose of the representation by a speaking order within two months of its filing and communicate any order passed to the petitioner. No statute or precedent was cited and no substantive adjudication was made on the pleaded grievances.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2997 of 2026

======================================================

Md. Rustam Ali, aged about 58 years, Male, S/o Md. Eanu, resident of Village- Deogaon, Bharri, P.S- Kadwa, Dist.- Katihar, Bihar- 855105.

... ... Petitioner/s

Versus

The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

The Additional Chief Secretary, Education Department, Government of Bihar, Patna.

The Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

The Additional Chief Secretary, Panchayati Raj Department, Government of Bihar, Patna.

Deputy Director, Panchayati Raj, Purnea Division, Purnea.

The Director, Primary Education, Govt. of Bihar, Patna.

The District Magistrate, Katihar.

The District Panchayati Raj Officer, Katihar.

The Sub-Divisional Officer, Katihar.

The Block Development Officer, Kadwa, Katihar.

The Block Panchayati Raj Officer, Kadwa, Katihar.

The Circle Officer, Kadwa, Katihar.

The Primary School, Devgaon, Gram-Panchayat- Bharri, P.S. and BlockKadwa, District- Katihar, through Headmaster.

The Panchayat Secretary, Bharri Gram-Panchayat, PO- Bharri, P.S and Block- Kadwa, District- Katihar.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Mohammad Akhter Hussain, Advocate For the Respondent/s : Mr. Manoj Kumar Ambastha, SC 26 Mr. Santosh Kumar Mishra, AC to SC 26

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

2 10-03-2026 Heard learned counsel for the parties.

This writ application has been filed for the

following relief(s):

Patna High Court CWJC No.2997 of 2026(2) dt.10-03-2026 2/3

“(i) For issuance of writ in the nature of Mandamus or any other appropriate writ for commanding the respondent authorities to demolish the construction of the Government Primary School, Devgaon, which has been constructed in the land of petitioner; pertaining to Khata No.92, Khesra No.554, Rakba-34 Dec.; Thana No.272; MaujaDevgaon; without his permission and consent.

(ii) For issuance of writ in the nature of mandamus or any other appropriate writ for commanding the respondent authorities to call for the administrative order passed by the concerned authority whereby the administrative order has been passed for constitution of the Government Primary School, Devgaon, and further be pleased to issue of the writ in the nature Certiorari to quash the same.

(iii) For issuance of writ in the nature of Mandamus or any other appropriate writ for commanding the respondent authorities to take the action including the criminal case against the respondent authorities who have ordered to construct the building of the Primary Govt. School upon the aforesaid land of the petitioner.

(iv) For issuance of any other appropriate writ(s), order(s) or direction(s) which your Lordships may deem fit a proper in the facts and circumstances of the case.”

Having regard to the nature of grievance of the

petitioner, with consent of counsel for both sides, this writ application is disposed of with a direction to the petitioner to file a fresh detailed representation annexing all the relevant documents before the respondent no.7 i.e., the Collector, Katihar, within a period of three weeks. If such a representation

Patna High Court CWJC No.2997 of 2026(2) dt.10-03-2026 3/3

is filed before the respondent no.7, the same shall be disposed of by a speaking order by the respondent no.7 within a period of two months from the date of filing of such representation. Any order passed on the representation of the petitioner shall be communicated to the petitioner.

This writ application is, accordingly, disposed of with the aforesaid direction.

(Khatim Reza, J)

J. Alam/-

U