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Patna High Court

Banshi Lal SinghversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The writ petition was disposed of without adjudicating the merits, granting the petitioner liberty to approach the Collector for redress.

Summary

Petitioner Banshi Lal Singh filed a writ petition seeking a certiorari to quash a memo and notice directing the carving out of land in favour of a private respondent, a mandamus to remove alleged illegal encroachment, and a declaration that the land capture was unlawful. The petitioner also sought to quash a land settlement proceeding and obtain other reliefs. Counsel for the petitioner indicated an intention to approach the Collector for redress, and the State counsel raised no objection. The court, without addressing the merits of the claims, disposed of the writ petition while granting the petitioner liberty to approach the Collector. No substantive order on the encroachment or the memo was made.

Issues considered

  • Whether the memo and notice issued by the Additional Collector and Circle Officer can be quashed by a writ of certiorari.
  • Whether a writ of mandamus can be issued to direct removal of the alleged illegal encroachment.
  • Whether the land captured by the private respondent constitutes illegal encroachment.
  • Whether the petitioner is entitled to the reliefs sought, including quashing of the land settlement proceeding.

Legislation cited

Subjects

  • certiorari
  • mandamus
  • land encroachment
  • illegal land capture
  • writ petition
  • Right to Information Act
  • public authority
  • land settlement

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.10519 of 2017
                 ======================================================
                 Banshi Lal Singh

                                                                               ... ... Petitioner/s
                                                      Versus
                 The State Of Bihar and Ors

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Bijay Prakash Singh, Adv.
                 For the Respondent/s   :        Mr. Birendra Prasad Singh, AC to SC-19
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   02-02-2026                  Heard the parties.

                               2. The present application has been preferred for the

                   following relief(s):

                                                      (i) To issue a writ in the nature of
                                            CERTIORARI to quash and cancel the Memo
                                            No. 2863 dated 12.09.2016 issued under the
                                            authority of Additional Collector (District
                                            Revenue Department) Siwan; whereby and
                                            whereunder he has directed the learned
                                            Circle Officer, Ziradei to carve out the 5
                                            Katthas   16     dhurs     land   after       making
                                            measurement land bearing Khata No. 116,
                                            Khesara No 2407, Area 6 Katthas 4 Dhurs in
                                            favour Shakil Ahmad (Private Respondent
                                            No. 9 hereof).
                                                      As also to quash the Notice date d
                                            11.05.2017 issued by the Circle Officer,
                                            Ziradei in term of aforesaid direction of
                                            Additional     Collector    delivered     to     this
Patna High Court CWJC No.10519 of 2017(2) dt.02-02-2026
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                                 petitioner and others.
                                              As also to quash the proceeding of
                                 Land Settlement Case No. 04 of 2004-05,
                                 Mairwa, reference of which is appearing in
                                 the said letter dated 12.09.2016, however
                                 Certified Copy of such proceeding has not
                                 been supplied to the villagers even on
                                 application seeking proceeding of such
                                 settlement of land case under R.T.I. Act as a
                                 result of which this petitioner can't bring the
                                 same on the record with this application.
                                 Accordingly the record of such proceeding
                                 may be called for through the respondents,
                                 the State Authority of the District Siwan.
                                              (ii) To issue a writ in nature of
                                 MANDAMUS to direct the respondents to set
                                 the land reference Encroachment Free from
                                 the illegal capturing and grab of private
                                 respondent no. 9 which has been done with
                                 the connivance of Authority of State causing
                                 irréparable loss and serious in-convenience
                                 to the local residents / villagers.
                                              (iii) To hold and declare that
                                 capturing of the said land by the private
                                 respondent         no.   9   here     is   illegal
                                 encroachment; accordingly it is fit case for
                                 removing the encroachment.
                                              (iv) To grant any other reliefs for
                                 which petitioner is entitled to have the reliefs
                                 in connection with the aforesaid grievance.
           Patna High Court CWJC No.10519 of 2017(2) dt.02-02-2026
                                                      3/3




                                 3.    After some argument, learned counsel for the

                     petitioner submits that he shall be approaching the Collector,

                     Siwan for the redressal of the grievance.

                                 4. Learned State Counsel has no objection.

                                 5. In that background, without commenting on the

                     merit of the case and granting liberty to the petitioner, the writ

                     petition is disposed of.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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