Patna High Court
Mithalesh Vinda @ Mithlesh BindversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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
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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
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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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