Manejar Prasad Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Manejar Prasad Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with liberty to the petitioner to approach the Collector, Siwan within four weeks; the Collector to take up the matter, hear the parties and pass a reasoned order, preferably within four months.

Issue for consideration

Whether the respondent authorities should be restrained from constructing the Ramgarh PACS Godown over the petitioner's purchased/raiyati land (Khata No. 09, Khesra No. 66, 69, 71, Mauza Mehandar, Thana No. 521, Anchal-Siswan, District-Siwan), whose title and possession were affirmed under a judicial order dated 31.01.2004 in Title Suit No. 191/2002, and whether the construction work should be forthwith stopped.

Ratio / Principle

The 17 days' delay in refiling the petition stands condoned.

Key takeaways

On the petitioner's counsel submitting that it would suffice if the case were taken up by the Collector, Siwan (respondent no. 4), and the State counsel undertaking that an appropriate order would be passed on a proper petition, the writ petition is disposed of, allowing the petitioner to approach the Collector, Siwan in the next four weeks. The merits of the grievance were not adjudicated by this Court.ratio¶27
The Collector, Siwan shall take up the matter and, after hearing the parties, take it to its logical conclusion by a reasoned order, preferably within a period of four months.ratio¶27

Detailed headnote1 paragraphs

High Court of Judicature at Patna (Honourable Mr. Justice Rajiv Roy), Civil Writ Jurisdiction Case No.9489 of 2026, oral order dated 20-07-2026. Petitioner Manejar Prasad sought a writ restraining the respondent authorities from constructing a Ramgarh PACS Godown over his purchased/raiyati land (Khata No. 09, Khesra No. 66, 69, 71, Mauza Mehandar, Thana No. 521, Anchal-Siswan, District-Siwan), asserting that his title and possession had been affirmed under a judicial order dated 31.01.2004 passed by learned Sub-Judge-V, Siwan in Title Suit No. 191/2002, with a further prayer to forthwith stop the ongoing construction. The 17-day delay in refiling the petition was condoned. After arguments, on the petitioner's counsel submitting that it would suffice if the case were taken up by the Collector, Siwan, and the State counsel assuring action on a proper petition, the Court disposed of the writ petition, permitting the petitioner to approach the Collector, Siwan within four weeks; the Collector was to take up the matter, hear the parties and take it to its logical conclusion by a reasoned order, preferably within four months. The merits were left undecided; no statute or precedent was invoked.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9489 of 2026

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

Manejar Prasad Son of Shivdhari Prasad, Resident of Village/Mauza- Banpura Ke Tola, P.S.- Rashulpur, District- Saran.

... ... Petitioner/s

Versus

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

The Principal Secretary, Department of General Administration, Government of Bihar, Patna.

The District Magistrate-cum-Collector, Siwan.

The Circle Officer, Block- Siswan, District- Siwan.

The Chairman, Ramgarh PACS, District- Siwan.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate For the Respondent/s : Mr. Government Pleader (13) ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

2 20-07-2026

The 17 days delay in refiling the petition stands

condoned.

Heard the parties.

The present petition has been preferred for the

following relief(s):

“for issuance of an appropriate writ restraining the Respondent authorities from constructing Godown of Ramgarh PACS over the purchased/raiyati land of the petitioner appertaining to Khata No. 09, Khesra No. 66, 69,

Patna High Court CWJC No.9489 of 2026(2) dt.20-07-2026 2/3

71 situated in Mauza- Mehandar, Thana No. 521, Anchal-Siswan, within the District-Siwan which is purchased land of the petitioner and title and possession over the petitioner has also been affirmed under judicial order dated 31.01.2004 passed by learned Sub-Judge-V, Siwan in Title Suit No. 191/2002 because the Respondent Circle Officer, Siswan earlier also attempted to disturb the said land of the petitioner with a further prayer to direct the Respondent authority to forthwith stop the construction work of Ramgarh PACS Godown over the aforesaid land of the petitioner. Any other relief/reliefs for which he petitioner may be found entitled to in the facts and circumstances of the case.”

After some arguments, learned counsel for the petitioner submits that it would suffice if his case is taken up by the Collector, Siwan (the respondent no. 4) where he will be submitting the entire facts of the case.

Learned State counsel submits that if proper petition is preferred, an appropriate order shall be passed.

In that background, the writ petition is disposed of

Patna High Court CWJC No.9489 of 2026(2) dt.20-07-2026 3/3

allowing the petitioner to approach the Collector, Siwan in next four weeks who shall be taking up the matter and after hearing the parties, will take the matter to its logical conclusion by a reasoned order preferably within a period of four months.

(Rajiv Roy, J)

Sanny/-

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