Patna High Court
Ranjit SinghversusThe State Of Bihar and Ors
- Decided
- Disposal
- CONSIGNED
- Bench
- RAJIV ROY
Holding
The Court dismissed the petition because the petitioner failed to comply with the peremptory order to file a substitution petition for the heirs of respondent No.7.
Summary
The petitioner, Ranjit Singh, filed a writ petition seeking a mandamus directing various government officials to initiate encroachment proceedings against persons listed in an enquiry report concerning a parcel of Gair Mazarua Aam land in Nalanda district. The petition also sought the substitution of the heirs of respondent No.7. The High Court, after hearing on 8 January 2026, noted that the petitioner had been granted liberty on 27 November 2025 to file a petition for substitution of heirs, which was a peremptory order. The petitioner failed to comply with this order. Consequently, the Court held that the non‑compliance of a peremptory order warranted dismissal of the petition. The petition was therefore dismissed on 5 January 2026.
Issues considered
- Whether a writ of mandamus can be issued to compel the initiation of encroachment proceedings against alleged encroachers of Gair Mazarua Aam land.
- Whether the petitioner has standing to seek such relief without first substituting the heirs of respondent No.7.
- Whether the failure to comply with a peremptory order justifies dismissal of the writ petition.
Subjects
- writ of mandamus
- encroachment proceeding
- Gair Mazarua Aam land
- substitution of heirs
- peremptory order
- petition dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11384 of 2015
======================================================
Ranjit Singh Son of Late Sachchidanand Singh, Resident of Village -
Mubarakpur, P.S. - Chandi, District - Nalanda.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The District Magistrate, Nalanda at Biharsharif.
3. The Sub - Divisional Officer, Hilsa, District - Nalanda.
4. The Deputy Collector Land Reforms, Hilsa, District - Nalanda.
5. The Circle Officer, Chandi, District - Nalanda.
6. Sri Binda Singh, Son of Late Kamal Singh,
7. Nande Singh, Son of Late Rameshwar Singh,
8. Hargauri Singh, Son of Late Rameshwar Singh,
9. Permanand Singh, Son of Late Hriday Singh,
10. Vinay Singh, Son of Late Bali Singh, All respondet No. 6 and 10 are
residents of village -Mubarakpur, P.S. - Chandi, District - Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra, Advocate
For the State : Mr. Kamlesh Kishore, AC to SC-12
For the Resp. No.7 : Mr. Awnish Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
8 08-01-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“for issuance of an appropriate writ in
the nature of a writ of mandamus commanding
and directing upon the respondents concerned to
initiate an encroachment proceeding against the
encroachers including whom whose names have
Patna High Court CWJC No.11384 of 2015(8) dt.08-01-2026
2/2
come in the enquiry report of Anchal Amin dated
19.06.2007, submitted to Circle Officer, Chandi
for removal of their encroachment upon the and
pond/ditch and its adjoining area situated upon
the land appertaining to Thana No.289, Khata
No.111, Khesra No.917, Area 0.61 Acre in
Mauza Mubarakpur in the Gram Panchayat,
Tulsi Garh, Anchal Chandi, District-Nalanda,
which is a Gair Mazarua Aam land.”
3. In this case on 27.11.2025, the petitioner was
granted liberty to to file appropriate petition for substitution of
the heirs of respondent no.7.
4. As it was a peremptory order and not complied,
stood dismissed on 05.01.2026.
5. Perused the file, consigned.
(Rajiv Roy, J)
vinayak/-
U
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