Patna High Court
Mansarim MiyanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition was dismissed, and the High Court disposed of the petition without granting the reliefs sought.
Summary
Mansarim Miyan filed a writ petition seeking a certiorari to quash a notice dated 14‑05‑2025 issued by the Circle Officer, Bhithan, alleging that he had encroached upon 1.607 decimal of land belonging to Sabnaam Nesha, the wife of a deceased co‑owner. The petitioner contended that the disputed house was built during his father's lifetime as part of a joint family property and that a partition suit (P.S. No. 133 of 2022) was pending before the Sub‑Judge, Bagaha. He also invoked a 2013 memorandum and a prior order of the Commissioner, Tirhut Division, arguing that execution should await the final decision of the lower court. The State respondents produced a counter‑affidavit and a report indicating encroachment, and the Circle Officer had previously issued a notice to both parties. The High Court observed that the petitioner could present his case before the Circle Officer for a reasoned order and disposed of the writ petition without granting the reliefs sought.
Issues considered
- What is the jurisdiction of the High Court to quash the Circle Officer's notice of encroachment under a writ of certiorari?
- Does the pending partition suit and the 2013 memorandum preclude the execution proceedings initiated by the Circle Officer?
- Whether the notice dated 14‑05‑2025 and the threatened execution are legally valid in view of the alleged joint ownership and pending litigation?
Subjects
- encroachment
- land dispute
- partition suit
- certiorari
- execution proceedings
- civil writ jurisdiction
- land reforms
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11359 of 2025
======================================================
Mansarim Miyan Son of Late Chokat Miyan, Resident of Machhahan,
Purwari Tola, P.S.-Bhithan, District-West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Revenue and Land Reforms, Govt. of Bihar, Patna.
2. The District Magistrate, West Champaran at Bettiah.
3. The Land Reforms Deputy Collector, Bagaha, West Champaran.
4. The Additional District Magistrate, Bagaha, West Champaran.
5. The Circle Officer, Bhithan, District-West Champaran.
6. Sabnaam Nesha @ Sabnam Khatoon, wife of Late Ali Asraf, Resident of
Machhahan, Purwari Tola, P.S.-Bhithan, District-West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhitabh Kumar, Advocate
For the State : Mr. Standing Counsel (8)
For the Resp. No.6 : Mr. Bimlesh Kumar Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 28-04-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of writ in the nature of
'certiorari' for quashing the order dated
14.05.2025 vide Notice No. 168 issued under the
signature of the Circle Officer, Bhithan, West
Champaran (Respondent no. 5), whereby and
whereunder the petitioner is said to has
encroached upon 1.607 decimal of the land by
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constructing hut, the said land is the share of
respondent no. 6. The respondent no. 5, also
notify by this notice to remove it within a week,
otherwise execution proceeding will be initiated
and removal of encroachment will be done
forcefully. An application has been filed by the
petitioner before the Additional District
Magistrate, Bagaha, District West Champaran
on 21.05.2025 in which the petitioner stated that
during life time of his father his house was built
in Mauja Machhahan, khata no. 753, kheshra
no. 2720, which is the part of the joint property
of the petitioner. The petitioner also stated that a
partition suit vide P.S. No. 133 of 2022 is
pending before the Court of Sub-Judge, Bagaha,
District West Champaran.
(ii) for directing the concerned
authority specially respondent no. 5 in the light
of Memo No. 202 dated 08.02.2013, order
passed by the court of the Commissioner, Tirhut
Division, Muzaffarpur. If the matter is pending
before the Apex Court, then the executing court
Patna High Court CWJC No.11359 of 2025(2) dt.28-04-2026
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has to wait for execution of the lower court's
order. The petitioner has filed the application
before the respondent no. 4.
(iii) for further direction to the
respondent authority (respondent no. 5) to stop
the execution proceeding contained in its notice
dated 14.05.2025.
(iv) for other necessary relief/reliefs
for which the petitioner is found entitled in the
facts and circumstances of this case.”
3. A counter affidavit has come on behalf fo the State
respondents duly signed by the Circle Officer, Bhithan, West
Champaran.
4. Learned State counsel has taken this Court to
paragraph no. 7 to show that a report was sought for relating to
the land in question and the Halka Karmchari reported that
petitioner has made encroachment on the land. Accordingly,
notice was issued on 24.03.2025 to the petitioner and the
respondent no.6, Sabnaam Nesha @ Sabnam Khatoon to appear
before the Circle Officer, Bhithan, West Champaran.
5. Learned counsel for the petitioner submits that they
are residing there for decades. All the facts that the petitioner
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want to put forward before this Court can very well be presented
before the concerned Circle Officer, Bhithan, West Champaran
who has issued notice so that an appropriate/reasoned order
could be passed by him/her.
6. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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