Patna High Court
CWJC/11333/2026 of Amarendra Kumar Rai Vs The State of Bihar on 13 August 2026
COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11333 of 2026 ====================================================== 1. Amarendra Kumar Rai S/o Late Batohi Rai, resident of House No. 449, ward No. 06, gali no. 04, Jamuna Colliery, Harad, Anuppur, Madhya Pradesh, having permanent
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11333 of 2026
======================================================
1.
Amarendra Kumar Rai S/o Late Batohi Rai, resident of House No. 449, ward No. 06, gali no. 04, Jamuna Colliery, Harad, Anuppur, Madhya Pradesh, having permanent residence at Village- Sakkarpura, P.S. Hasanpur, District - Samastipur.
2.
Arun Kumar Ray, son of Ramashray Ray, resident of Village Sakarpura, P.S.
Hasanpur, District Samastipur.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar.
2.
The Additional Chief Secretary, Environment, Forest and Climate Change Department, Government of Bihar, Patna.
3.
The Additional Chief Secretary, SC and ST Welfare Department, Government of Bihar, Patna.
4.
The Collector, Samastipur.
5.
The Superintendent of Police, Samastipur.
6.
The District Forest Officer, Samastipur.
7.
The Station House Officer, Hasanpur Police Station.
8.
Ram Sakha Roy, son of Late Kedar Roy, resident of Village Sakarpura, P.S.
Hasanpur, Sub-Division Rosera, District Smastipur, the Mukhia of Gram Panchayat Sakarpura.
9.
Hemant Roy, son of Ganesh Roy, Resident of Village Sakarpura, P.S.
Hasanpur, Sub-Division Rosera, District Smastipur, the Mukhia of Gram Panchayat Sakarpura, the Ex-Pacs Chairman.
... ... Respondent/s
Appearance :
For the Petitioner/s
:
Mr. Sushant Praveer, Advocate
For the Respondent/s
:
Mr. P.K. Verma, Sr. Advocate (AAG 3)
Mr. Sanjay Kumar Ghosarvey, AC to AAG 3
======================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
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ORAL ORDER
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
13-08-2026 Heard learned counsel for the parties.
2. The present writ application has been filed in the form of Public Interest Litigation for the following reliefs:
Patna High Court CWJC No.11333 of 2026(2) dt.13-08-2026
"1 (i). For issuance of a writ in the nature of mandamus directing and commanding the official respondents specially the Collector, Samastipur and the Superintendent of Police, Samastipur to take appropriate legal action against the Mukhia (Respondent No. 8) and all others including the government officials involved in the illegal felling of trees in gross violations of all environmental laws for the purpose of illegally constructing Panchayat Sarkar Bhawan on public road which was eventually stayed by this Hon'ble Court in C.W.J.C. No. 11487/2025 and the Collector, Samastipur has also filed his undertaking in the concerned Contempt Application bearing M.J.C. No. 3413/2025 that no construction shall be made out on the public road situated over Khata No. 651, Plot No. 2058 Thana No. 159, Circle - hasanpur, Mauza - Sakarpura, District- Samastipur.
(ii) . For issuance of a writ in the nature of mandamus directing and commanding the respondents specially the Collector, Samastipur and the Superintendent of Police, Samastipur to take appropriate legal action against the Mukhia (Respondent No. 8) and all others including the government officials involved in the demolition of Water Tank and the connection lines constructed/installed under the Nal Jal Yojna as also for illegally demolishing the well which stood at the spot from time immemorial. The said action of the respondent no. 8 and his accomplice(s) not only fall in the category of causing loss in public property but also is illegal interference with a water body.
(iii) . For direction upon the official respondents specially the Collector, Samastipur and the Superintendent of Police, Samastipur to take immediate actions against the Mukhia (Respondent No.8) and all others including the government officials who illegally demolished the Harijan Chabutra/Ambedkar Chabutara which was constructed and stood at the spot from a very long time and was a meeting place for the members of the privileged class of the village- Sakarpura."
Patna High Court CWJC No.11333 of 2026(2) dt.13-08-2026
3. Considering the nature of reliefs sought, the petitioners are directed to file a fresh representation before respondent no. 4 for redressal of their grievances.
4. In the event such representation is filed, respondent No. 4 shall consider and dispose of the same by passing a reasoned and speaking order, in accordance with law after affording due opportunity of hearing to all the stakeholders, preferably within a period of two weeks from the date of filing of such representation.
5. With the aforesaid observations and directions, the present writ application stands disposed of.
6. Pending application(s), if any, shall also stand disposed of.
vanisha/anushka (Sudhir Singh, ACJ) ( Rajesh Kumar Verma, J) U