Citation : 2025 Latest Caselaw 3877 Patna
Judgement Date : 19 September, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12898 of 2025
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Chandeshawar Chodhari, son of late Jagar Nath Chodhari, resident of village-
Chhapiya Buzurg, Police Station-Hussainganj, Anchal-Hussainganj, District-
Siwan.
... ... Petitioner/s
Versus
1. The Principal Secretary, Revenue and Land Reforms Department,
Government of Bihar, Patna.
2. The Principal Secretary, Home (Police) Department, Govt. of Bihar, Patna
3. The District Magistrate, Siwan.
4. The Superintendent of Police, Siwan.
5. The Deputy Collector, Land Reforms, Siwan.
6. The Sub-Divisional Officer, Siwan Sadar, District-Siwan.
7. The Block Development Officer, Hussainganj, District-Siwan.
8. The Circle Officer, Hussainganj, District-Siwan.
9. The S.H.O. Hussainganj Police Station, District-Siwan.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ajay Kumar Tiwary, Advocate
For the Respondent/s : Mr. Vikash Kumar, SC-11
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 19-09-2025
In the instant petition, petitioner has prayed for the
following relief(s):-
"i) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to stop the construction work of the mosque in the village-Chhapiya Bujurg, Police Station-Hussainganj, Anchal-
Patna High Court CWJC No.12898 of 2025 dt.19-09-2025
Hussainganj, District-Siwan, which is being constructed without approval of map and the people of Hindu majority resides there and only 0.4% member of Muslim community resides in the said village.
ii) For issuance of an appropriate writ in the nature of prohibition restraining the construction work of mosque in village- Chhapiya Bujurg, Police Station-
Hussainganj, Anchal-Hussainganj, District- Siwan, which is residential area and agricultural land and the same is being constructed violating the several decisions of the Hon'ble High Court as well as Hon'ble Supreme Court as in residential area no mosque can be constructed.
iii) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to disposed of the representation of the petitioner as well as village people of village-Chhapiya Bujurg, Police Station- Hussainganj, Anchal-Hussainganj, District- Siwan to the District Magistrate, Siwan dated 19.04.2024, by which they have requested to stop the construction work of the mosque in village- Chhapiya Bujurg. Police Station-Hussainganj, Anchal- Hussainganj, District-Siwan, which is residential area, and the District Magistrate, Patna High Court CWJC No.12898 of 2025 dt.19-09-2025
Siwan, who is an impartial Officer and competent authority may kindly be directed to look into the matter and disposed of the representation of the village people.
iv) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned specially the District Magistrate, Siwan to ensure to not construct the mosque at Khata no.52 Survey no.508 area 6.88 dismil in village-Chhapiya Bujurg, Police Station-Hussainganj, Anchal-Hussainganj, District-Siwan, which is residential area for which the petitioner as well as other village people have requested.
v) For issuance of any other appropriate writ/writs, order/orders, direction/s for which the writ petitioner will be found entitled in the facts and circumstances of the case."
2. Reliefs are not supported by any material
informations. In other words, the present petition is bereft of
material informations so as to entertain the Public Interest
Litigation.
3. Accordingly, petition stands dismissed with cost of
Rs. 5,000/- (Five thousand), to be remitted in the Lawyers' Patna High Court CWJC No.12898 of 2025 dt.19-09-2025
Association Welfare Benevolent Fund, Indian Bank, Branch-
LNMI, Bailey Road, Patna, IFSC No. IDIB000L501 having
Bank Account No. 7801893276 within a period of eight weeks
from today. Liberty reserved to the petitioner to approach the
concerned authority with all necessary materials. If such
representation/application is submitted with necessary materials,
in that event, the concerned authority is hereby directed to
entertain the petitioner's representation/application and proceed
to pass a detailed order and communicate the same within a
reasonable period of four months from the date of receipt of
such representation/application to be filed.
(P. B. Bajanthri, ACJ)
(Alok Kumar Sinha, J) P.K.P./-
AFR/NAFR CAV DATE Uploading Date 23.09.2025 Transmission Date
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