Lalu Ray vs The State Of Bihar on 13 February, 2026

Patna High Court

Lalu Ray vs The State Of Bihar on 13 February, 2026

Author: Alok Kumar Sinha

Bench: Alok Kumar Sinha

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.16051 of 2025
     ======================================================
     Lalu Ray, Son of Late Bhuneshwari Ray, Resident of Uttari Dhamaun, P.S.-
     Dhamaun, District- Samastipur.

                                                         ... ... Petitioner/s
                                   Versus
1.   The State of Bihar through Secretary, Rural Development Department,
     Government of Bihar, Patna.
2.   The Secretary, Rural Development Department, Government of Bihar, Patna.
3.   The Additional Chief Secretary, Environment, Forest and Climate Change
     Department, Government of Bihar, Patna.
4.   The District Magistrate, Samastipur.
5.   The Deputy Development Commissioner, Samastipur.
6.   The Deputy Collector Land Reforms, Patori, Samastipur.
7.   The Commissioner, MGNREGA, Samastipur.
8.   The District Programme Officer, MGNREGA, Samastipur.
9.   The Sub-Divisional Officer, Patori, Samastipur.
10. The Block Development Officer, Shahpur, Patori, Samastipur.
11. The Circle Officer, Patori, Samastipur.
12. The Bihar State Pollution Control Board through its Chairman, Patna.
13. The Mukhiya, Gram Panchayat Uttari Dhamaun, P.O. and P.S. - Patori,
    District- Samastipur.
14. Subodh Rai, son of Late Premlal Rai, resident of Village- Uttari Dhamaun,
    P.O.- Dhamaun, P.S.- Patori, District- Samastipur

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :     Mr.Syed Hussain Majeed, Advocate
                                   Mr. Rakesh Kumar, Advocate
     For the State           :     Mr. P.K. Shahi, Advocate General
                                   Mr. Vikas Kumar, AC to AG
     For Respondent No. 12 :       Mr. Kumar Ravish, Advocate
     For Respondent No.13 &
     Intervenor            :       Mr. J.S. Arora, Sr. Advocate
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
     ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 13-02-2026

This writ petition has been filed by Lalu Ray seeking
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for the following relief(s):-

“a) To issue an appropriate writ, order or
direction in the nature of mandamus
commanding the Respondents to protect
and restore the Pond (Jheel/Jalkar) located
at Gram Panchayat Uttari Dhamaun, P.O.
and P.S.- Patori, District- Samastipur
appertaining to Khata No.1139 (Old) 2643
(New), Plot No.994(Old) 6776, 6777
(New), admeasuring around 5 Acres
[hereinafter referred to as the Pond for the
sake of brevity] to its original natural
condition and habitat, as Waste Processing
Unit and a private market has been
constructed over a portion of the Pond, by
filling it with soil, by Respondent No.13.

b) To issue an appropriate writ, order or
direction in the nature of mandamus
commanding the Respondents to remove
the encroachments made over the Pond by
way of constructing private shops and
Waste Processing Unit over the Pond and
thus destroying the Pond totally and
making it lose its identity and ecological
purpose.

c) To issue an appropriate writ, order or
direction in the nature of mandamus
commanding the Respondents to ensure,
that after removal of the encroachment
from the Pond and restoring it to its
original natural condition, the Pond is not
encroached again by the encroachers by
making construction of any sort over the
Pond and the Respondents take steps to
rejuvenate the Pond periodically and take
steps for its preservation.

d) To issue an appropriate writ, order or
direction in the nature of mandamus
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commanding the Respondents that
accountability be fixed and action be taken
against the officials who are responsible
for allowing construction of Waste
Processing Unit (hereinafter referred to as
WPU for the sake of brevity) over the Pond
and thus causing environmental damage.

e) To grant any other relief or reliefs which the
Petitioner may be found entitled to, in the
facts and circumstances of the case.”

2. An interim application has been filed by Subodh

Rai for intervention, which has been registered as I.A. No. 01 of

2025.

3. After hearing the parties, we are inclined to allow

this Intervention Application.

Accordingly, Subodh Rai, son of Late Premlal Rai,

resident of Village- Uttari Dhamaun, P.O.- Dhamaun, P.S.-

Patori, District- Samastipur is made a party respondent to this

writ petition.

The Registry is directed to amend the cause-title of

the writ petition accordingly.

4. After hearing the learned counsel for the respective

parties and perusing the counter affidavits and the documents

filed on behalf of the intervenor, we are of the view that this

case involves disputed questions of fact which cannot be

resolved in the writ jurisdiction. It is open to the petitioner to
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take appropriate remedies in accordance with law.

5. Accordingly, the writ petition is disposed of.

6. Interlocutory Application(s), if any, shall stand

disposed of.

(Sangam Kumar Sahoo, CJ)

(Alok Kumar Sinha, J)
P.K.P./-

AFR/NAFR
CAV DATE
Uploading Date          16.02.2026
Transmission Date