Authority: High Court of Judicature at Patna
Order Date: 16-07-2026
Case Overview
- Petitioner: Baladev Yadav, resident of Murli, Supaul, seeking removal of a mobile tower erected on his plot No. 999, purchased in 1955.
- Respondents: (1) State of Bihar (Principal Secretary, Information Department), (2) District Magistrate, Supaul, (3) Sub Divisional Magistrate, Supaul, (4) Circle Officer, Saraigardh Bhaptiyahi, Supaul, (5) Circle Chief Executive Officer of Indus Tower Ltd, Patna, (6) Parmeshwar Yadav, resident of Murli, Supaul.
- Reliefs sought: (i) Writ of mandamus directing respondent No.5 to remove the illegally installed mobile tower; (ii) Writ of mandamus restraining further erection of the tower; (iii) Directions to preclude any further installation and to remove the incomplete tower.
- The petition was filed as a criminal writ under Article 226 of the Constitution of India.
Court Findings
- The Court observed that the dispute is between private parties and therefore a criminal writ under Article 226 is not maintainable.
- The annexure indicated that other parties besides the private respondent are involved, and the petitioner has alternative remedies.
- The Court allowed the petitioner’s request to convert the criminal writ into a civil writ.
Final Outcome
- Permission is granted to convert the criminal writ into a civil writ within two weeks.
- The Court directs the office to extend full cooperation for the conversion.
Topics: Legal Dispute, Telecom Infrastructure