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Patna High Court

Mansarim MiyanversusThe State of Bihar

Decided
Disposal
DISPOSED

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
Patna High Court CWJC No.11359 of 2025(2) dt.28-04-2026
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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
            Patna High Court CWJC No.11359 of 2025(2) dt.28-04-2026
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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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