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Patna High Court

Mithalesh Vinda @ Mithlesh BindversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed, with the matter to be decided by the Sub‑Divisional Magistrate where it is already pending.

Summary

The petitioner, Mithalesh Vinda, filed a writ petition in the Patna High Court seeking a mandamus directing the State authorities to remove encroachments on land granted to his ancestors by the Bihar Bhudan Yajna Committee and to execute the land grant certificate. The petition also alleged that private respondents were forcibly occupying the land. The State counsel pointed out that the same dispute was already pending before the Sub‑Divisional Magistrate, Arwal, where notices had been issued. The Court observed that the matter should be decided by the Sub‑Divisional Magistrate and that the respondents are bound to hear all parties and conclude the case within the stipulated time. Consequently, the High Court disposed of the writ petition, directing the petitioner to pursue the remedy before the Sub‑Divisional Magistrate.

Issues considered

  • Whether the High Court can entertain a writ petition when the same matter is pending before a Sub‑Divisional Magistrate.
  • Whether the petitioner is entitled to a mandamus directing removal of encroachment and execution of land grant certificate.

Subjects

  • land encroachment
  • mandamus
  • jurisdiction
  • pending administrative proceedings
  • Bihar Bhudan Yajna Committee
  • land reform

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1080 of 2026
                 ======================================================
                 Mithalesh Vinda @ Mithlesh Bind S/o Late Bhuneshwar Vind, resident of
                 Village-Bakhori Bigha, Police Station-Surajpur Banshi Sonbhadra, District-
                 Arwal.

                                                                       ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the Principal Secretary, Revenue and Land
                 Reform Department, Government of Bihar, Patna.
           2.    The Director, Land Record and Measurement Department, Patna.
           3.    The Collector, Arwal.
           4.    The Member, Bihar Bhudan Yagya Committee, Patna.
           5.    The Circle Officer, Vanshi, Arwal.
           6.    Circle Inspector, Circle Office Vanshi, Arwal.
           7.    Vijay Yadav, S/o Late Punit Yadav, resident of Village-Bakhori Bigha, Police
                 Station-Surajpur Banshi Sonbhadra, District-Arwal, PIN-804401.
           8.    Madhesar Yadav, S/o Late Sadhusharan Yadav, resident of Village-Bakhori
                 Bigha, Police Station-Surajpur Banshi Sonbhadra, District-Arwal, PIN-
                 804401.
           9.    Mahendra Yadav, S/o Late Janeshwar Yadav, resident of Village-Bakhori
                 Bigha, Police Station-Surajpur Banshi Sonbhadra, District-Arwal, PIN-
                 804401.
           10. Jitendra Yadav, S/o Late Janeshwar Yadav, resident of Village-Bakhori
               Bigha, Police Station-Surajpur Banshi Sonbhadra, District-Arwal, PIN-
               804401.
           11. Tetar Yadav, S/o Late Kameshwar Yadav, resident of Village-Bakhori Bigha,
               Police Station-Surajpur Banshi Sonbhadra, District-Arwal, PIN-804401.
           12. Dukhan Yadav, S/o Late Kameshwar Yadav, resident of Village-Bakhori
               Bigha, Police Station-Surajpur Banshi Sonbhadra, District-Arwal, PIN-
               804401.
           13. Bijendra Yadav, S/o Ramdip Yadav, resident of Village-Bakhori Bigha,
               Police Station-Surajpur Banshi Sonbhadra, District-Arwal, PIN-804401.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Suresh Mishra, Advocate
                 For the State           :     Mr. Standing Counsel (06)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   27-01-2026                    Heard the parties.
Patna High Court CWJC No.1080 of 2026(2) dt.27-01-2026
                                            2/4




                      2. The present petition has been preferred for the

          grant of following relief(s):

                                         “(i) for issuance of an appropriate

                             writ/writs or order/orders or direction/directions

                             in the nature of mandamus directing the

                             respondents to remove the encroachment from

                             the land in question situated under Mauza-

                             Bakhori Bigha, Thana no.195, Khata No.179,

                             Khesara No.1727, Area-10+75 Decimal Registry

                             Office-Jehanabad, District-Gaya, boundary of

                             10 decimal land is as North-Judago Chaudhary,

                             South-Rasta, East-Gudkun Bind, West-Kariman

                             Bind and boundary of 65 Decimal land of same

                             Khata and Khesra is as North-Rasta, South-

                             Sukhdev      Yadav,         East-Gudkun   Bind,   West-

                             Kariman Bind granted by the Bihar Bhudan

                             Yajnya Committee to the ancestor of the

                             petitioner namely Karu Bind, & Kariman Bind,

                             both sons of Mogat Bind which has been

                             encroached by the private respondents.

                                         (ii) for issuance of an appropriate

                             writ/writs or order/orders or direction/directions
Patna High Court CWJC No.1080 of 2026(2) dt.27-01-2026
                                            3/4




                             in the nature of mandamus commanding the

                             respondent concerned authority to execute the

                             certificate of granting of land in the name of

                             ancestor      of     the    petitioner   since   private

                             respondents at any time by using force and

                             musclemen encroach the same.

                                         (iii) and any other relief/reliefs may

                             also be granted in favour of the petitioner for

                             which he is found to be entitled in view of the

                             facts and circumstances of the case.”


                      3. At the outset, learned State counsel has pointed out

          that the petitioner has already preferred a petition before the

          Sub-Divisional Magistrate, Arwal on 24.12.2025 in which the

          notices have already been issued to the other side and without

          waiting for the aforesaid petition to come to a logical

          conclusion, the writ petition.

                      4. At this stage, learned counsel for the petitioner

          submits that he shall be pursuing the matter before the Sub-

          Divisional Magistrate, Arwal.

                      5. Needless to add, this Court has taken note of the

          fact that the petition is pending before the Sub-Divisional

          Magistrate, Arwal, the concerned respondent is duty bound to
            Patna High Court CWJC No.1080 of 2026(2) dt.27-01-2026
                                                        4/4




                      hear all the parties after noticing them and take the matter to its

                      logical conclusion within the time frame stipulated.

                                  6. The writ petition is disposed of with the aforesaid

                      observation.



                                                    (Rajiv Roy, J)
vinayak/-

U


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