Patna High Court
Neha DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
Holding
The court disposed the writ application, refusing to grant mandamus and directing the petitioner to approach the appropriate authority for any illegal encroachment.
Summary
The petitioner, Neha Devi, sought a writ of mandamus directing various revenue officials to demarcate her 795‑sq‑ft land in the presence of the Circle Officer and the local police, alleging that a private respondent was encroaching on three dhurs of her property. The petition also requested an injunction restraining the private respondent from creating nuisances on the land during the pendency of the writ. The court examined the record and noted that the land had already been measured and demarcated by the Circle Officer in 2019, and that the only remaining dispute was the private respondent’s refusal to relinquish possession of the three dhurs. Relying on the fact that the demarcation was completed, the court held that it could not issue a mandamus for further demarcation and that the petitioner should approach the appropriate revenue authority to address any illegal encroachment. Consequently, the writ application was disposed, with liberty granted to the petitioner to file a fresh application before the competent authority if encroachment persists.
Issues considered
- Whether the High Court can issue a writ of mandamus directing revenue officials to demarcate the petitioner’s land in the presence of the Circle Officer and police.
- Whether the petitioner is entitled to immediate injunctive relief restraining the private respondent from creating nuisances on the disputed land.
- Whether the court should dismiss the writ application and direct the petitioner to approach the appropriate authority for any alleged encroachment.
Subjects
- land demarcation
- encroachment
- writ of mandamus
- revenue law
- property rights
- Bihar land reforms
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1125 of 2022
======================================================
Neha Devi Wife of Sri Sunil Kumar, resident of Village-Kabiyahi, Ward No.
13, under Gram Panchayat Maura Kabiyahi, P.O.-Maura, Ram Nagar, Block-
Shankarpur, District-Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Government of Bihar, Patna.
2. The Divisional Commission, Koshi Division, Saharsa.
3. The District Magistrate-cum-Collector, Madhepura.
4. The Deputy Collector Land Reforms, Madhepura.
5. Sub Divisional Officer, Madhepura.
6. The Circle Officer, Shankarpur Anchal, District-Madhepura.
7. S.H.O. of Shankarpur Police Station, District-Madhepura.
8. Jay Narayan Das, son of Late Bidusari Das, resident of Village-Kabiyahi,
Ward No. 13, under Gram Panchayat, Maura Kabiyahi, P.O. Maura, Ram
Nagar, District-Madhepura.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shekhar Kumar Singh, Adv.
Mr. Manoj Kumar Pandey, Adv.
Mr. Raja Surendra Mohan, Adv.
For the Respondent/s : Mr.Sajid Salim Khan (SC25)
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
4 23-03-2026 Heard the learned counsel for the petitioner and the
learned AC to SC 25.
2. The present application has been preferred for grant
of following relief(s) :-
i) For issuance of writ/writs, order/orders,
direction/directions, in the nature of
Mandamus, commanding the respondents to
immediately demarcating the land of the
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petitioner, wherein under Mauja: Maura
Thana No. 213, Khata No. 579(new),
Khesra No. 6057, Total Rakba- 14 dhurs (11
decimals) land i.e. 795 sq.feet, the land of
the petitioner may kindly be demarcated in
the presence of Circle Officer, Shankarpur
Anchal as well as in presence of the
respondent no. 7 through the Anchal Amin.
ii) For further prayed for direction upon
respondents no. 6 & 7 to immediately
demarcating the land of the petitioner
through the Anchal Amin.
iii) For further prayed for direction upon
respondent no. 8 not created nuisances over
land of the petitioner under Mauja Moura,
Thana No. 213, Khata No. 579, Khesra No.
6057, Rakba 11.079 sq.ft during the
pendency of the writ application.
iv) For further any other relief/reliefs,
order/orders, direction/directions may deem
fit and proper in the facts and circumstances
of this case.
3. Learned counsel for the petitioner submits that
the petitioner is aggrieved by the fact that the land which has
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been purchased by the petitioner through various sale deeds is
being encroached by the adjacent raiyat. It has been submitted
that the land was initially demarcated by the Anchal Amin,
however, the same was not made final in presence of the Circle
Officer and therefore, the private respondent has been disturbing
his possession over the same.
4. Learned AC to SC 25 submits that from perusal
of Annexure-8, it is clear that the Circle Amin had measured the
entire land and found that 3 dhurs of land belonging to the
petitioner was under the possession of the private respondent,
namely, Jay Narayan Das. The said report of Anchal Amin
clearly states that the measurement was done in presence of both
parties and was duly demarcated and therefore, the present
application has no merit.
5. Having heard the learned counsel for the parties
and going through the records, it appears that demarcation was
earlier done in the year 2019 and the petitioner has approached
this Court in the year 2022 with the same prayer for
demarcation of the land in presence of the Circle Officer as well
as in the presence of the S.H.O. of Shankarpur, Police Station.
From the pleadings made in the writ application and from the
perusal of the record, it is clear that the only demand of the
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petitioner with respect to the demarcation of his land and which
was already undertaken by the Circle Officer, Shankarpur and
accordingly demarcated. However, the possession of the
petitioner over 3 dhurs of land is not being allowed by the
private respondent.
6. The present writ application is being disposed of
with a liberty to the petitioner to approach the appropriate
authority, if the land belonging to the petitioner is being
encroached illegally by the adjacent raiyat i.e. respondent no. 8
and for which an appropriate application shall be filed by the
petitioner, which shall be considered on its own merits.
7. Accordingly, the application is disposed of with the
aforesaid liberty.
(Sourendra Pandey, J)
Gautam/-
U T
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