Patna High Court
Banshi Lal SinghversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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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