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Patna High Court

Abul KalamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that a writ under Article 226 may be entertained despite the existence of an alternate remedy where fundamental rights are infringed or natural justice is violated, and ordered the Circle Officer to appear before the District Magistrate‑Collector for verification of records.

Summary

The petitioner, Abul Kalam, claimed ownership of a house, shop and land in Begusarai and alleged that local authorities were proceeding with demolition despite a temporary injunction and his title documents. He filed a representation with the Circle Officer, who deemed the land Gair Majarua Khas and proceeded with demolition without notice, violating principles of natural justice. The petitioner sought a writ of mandamus under Article 226 to restrain the demolition and to have his documents verified. The State argued that the petition was inadmissible because the petitioner had an effective civil remedy. The Court referred to Supreme Court precedents allowing writ jurisdiction where fundamental rights are infringed or natural justice is denied, even if an alternate remedy exists, and directed the Circle Officer to appear before the District Magistrate‑Collector for verification and appropriate orders. The application was thereafter disposed of.

Issues considered

  • Whether a writ petition under Article 226 is maintainable when an alternative civil remedy is available.
  • Whether violation of natural justice and imminent demolition constitute a breach of fundamental rights justifying writ jurisdiction.
  • Whether the High Court can issue a mandamus directing verification of title documents and restraining demolition.

Legislation cited

Subjects

  • Article 226
  • writ jurisdiction
  • fundamental rights
  • natural justice
  • mandamus
  • land encroachment
  • temporary injunction
  • administrative law

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.1145 of 2026
     ======================================================
     Abul Kalam Son of Late Md. Yusuf, Resident of Village- Thakurichak, P.S-
     Barauni, District- Begusarai.

                                                                  ... ... Petitioner/s
                                       Versus
1.   The State of Bihar Through the District Magistrate, District- Begusarai.
2.   The Sub Divisional Officer, District- Barauni, District- Begusarai.
3.   The Block Development Officer, Block- Barauni, District- Begusarai.
4.   The Circle Officer, Barauni, District- Begusarai.

                                               ... ... Respondent/s
     ======================================================
     Appearance :

     For the Petitioner/s   :          Mr. Shaishav Kumar, Advocate

     For the Respondent/s   :          AC to Government Pleader (02)

     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                         ORAL JUDGMENT
      Date : 29-01-2026
                  Heard Mr. Shaishav Kumar, learned counsel

      appearing on behalf of the petitioner and learned                          AC to

      Government Pleader (02) for the State.

                    2. The petitioner in paragraph no. 1 of the present writ

      petition has sought inter alia the following relief(s), which is

      reproduced hereinafter:-

                                             “That in the present writ application the
                                petitioner prays for following reliefs: -
                                             Ⅰ) For issuance of an appropriate direction,
                                order, or writ in the nature of mandamus, commanding
                                the respondents to dispose of the representation dated
                                30.12.2025, as contained in Annexure-P 3 of this writ
                                application, and further directing the respondents not to
                                interfere with or disturb the petitioner's possession over
                                his house, shop, and land situated at Mauza Thakurchak,
                                Thana No. 480, Khata Nos51 and 56, including multiple
                                plots (Khesra Nos.164 and 166), District Begusarai,
                                until due verification of the petitioner’s ancestral
                                property documents is done by them.
Patna High Court CWJC No.1145 of 2026 dt.29-01-2026
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                                              II) For any other relief/reliefs to which the
                                 petitioner can be found entitled to, in the facts and
                                 circumstances of the case.”



                     3. The brief facts of the case are that the petitioner

         claims ownership and possession over a house, ration shop and

         land situated at Mauza Thakurchak, Thana No. 480, Khata Nos.

         51 and 56, including Plot (Khesra) Nos. 164 and 166, District

         Begusarai, supported by valid title documents. It is alleged that

         certain local residents attempted to encroach upon the

         petitioner’s land on 20.12.2025 by placing construction

         materials thereon and, upon objection, threatened the petitioner

         with demolition of his house and ration shop under the guise of

         an anti-encroachment drive. Finding no alternative remedy, the

         petitioner submitted an application dated 24.12.2025 before the

         Circle Officer, Barauni, seeking measurement of the land and

         removal of the alleged encroachment. It is the petitioner’s case

         that without verifying the relevant revenue records and title

         documents, the Circle Officer opined that the land in question

         was Gair Majarua Khas land over which the petitioner has build

         his house and shop. The petitioner has relied upon a subsisting

         order of a temporary injunction dated 30.08.2019, passed in

         Title Suit No. 46 of 1998, wherein, the State of Bihar is a

         defendant. However, the Circle Officer allegedly proceeded with
Patna High Court CWJC No.1145 of 2026 dt.29-01-2026
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         proposed       demolition       actions      notwithstanding   the   said

         injunction. Thereafter, the petitioner submitted a representation

         dated 30.12.2025 before Respondent Nos. 1 to 3 seeking an

         opportunity to produce his original documents, but no action

         was taken. It is alleged that demolition activities have

         commenced in the locality without issuance of notice to the

         petitioner, giving rise to a reasonable apprehension of imminent

         demolition of his house and ration shop. Aggrieved by the

         inaction of the authorities and the alleged violation of principles

         of natural justice, the petitioner has approached this Court.

                     4. Learned counsel appearing on behalf of petitioner

         seeks to file a fresh representation before the District

         Magistrate-cum-Collector, Begusarai for the reliefs as prayed

         for in the present writ petition.

                     5. Per contra, learned counsel appearing on behalf of

         the State submitted that the petitioner on the basis of an order

         dated 30.08.2019 passed in Title Suit no. 46 of 1998, by which

         Temporary Injunction has been granted to the plaintiff. The

         petitioner by availing remedy before the competent civil court

         has filed the present writ petition which is not maintainable in

         view of remedy availed before the learned District Court.

                     6. Heard the parties.
Patna High Court CWJC No.1145 of 2026 dt.29-01-2026
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                     7. It is well settled principle of law that High Courts

         should not exercise its writ jurisdiction under Article 226 of the

         Constitution of India if an effective and efficacious remedy is

         available. Taking into the circumstances of the present case

         where fundamental/constitutional right of a citizen is infringed,

         this Court must not fail to exercise its power under Article 226

         of the Constitution of India.

                     8. The law in this regard has been laid down by the

         Apex Court in the Case of M/s Magadh Sugar & Energy Ltd.

         Versus The State of Bihar & Ors. reported in LL 2021 SC 495,

         paragraphs no. 19 and 28 would be relevant in this regard,

         which is as under:-

                                      “ 19. While a High Court would normally not
                         exercise its writ jurisdiction under Article 226 of the
                         Constitution if an effective and efficacious alternate remedy
                         is available, the existence of an alternate remedy does not
                         by itself bar the High Court from exercising its jurisdiction
                         in certain contingencies. This principle has been
                         crystallized by this Court in Whirpool Corporation v.
                         Registrar of Trademarks, Mumbai19 and Harbanslal Sahni
                         v. Indian Oil Corporation Ltd20. Recently, in Radha
                         Krishan Industries v. State of Himachal Pradesh & Ors21 a
                         two judge Bench of this Court of which one of us was a part
                         of (Justice DY Chandrachud) has summarized the
                         principles governing the exercise of writ jurisdiction by the
                         High Court in the presence of an alternate remedy. This
                         Court has observed:
                                      “28. The principles of law which emerge are
                         that: (i) The power under Article 226 of the Constitution to
                         issue writs can be exercised not only for the enforcement of
                         fundamental rights, but for any other purpose as well; (ii)
                         The High Court has the discretion not to entertain a writ
                         petition. One of the restrictions placed on the power of the
                         High Court is where an effective alternate remedy is
                         available to the aggrieved person; (iii) Exceptions to the
                         rule of alternate remedy arise where (a) the writ petition
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                         has been filed for the enforcement of a fundamental right
                         protected by Part III of the Constitution; (b) there has been
                         a violation of the principles of natural justice; (c) the order
                         or proceedings are wholly without jurisdiction; or (d) the
                         vires of a legislation is challenged; (iv) An alternate remedy
                         by itself does not divest the High Court of its powers under
                         Article 226 of the Constitution in an appropriate case
                         though ordinarily, a writ petition should not be entertained
                         when an efficacious alternate remedy is provided by law;
                         (v) When a right is created by a statute, which itself
                         prescribes the remedy or procedure for enforcing the right
                         or liability, resort must be had to that particular statutory
                         remedy before invoking the discretionary remedy under
                         Article 226 of the Constitution. This rule of exhaustion of
                         statutory remedies is a rule of policy, convenience and
                         discretion; and (vi) In cases where there are disputed
                         questions of fact, the High Court may decide to decline
                         jurisdiction in a writ petition. However, if the High Court is
                         objectively of the view that the nature of the controversy
                         requires the exercise of its writ jurisdiction, such a view
                         would not readily be interfered with.” (emphasis supplied)

                     9. The Circle Officer is directed to appear before the

         District Magistrate – cum – Collector on 16.02.2026 along with

         the petitioner, so that, both of them can present their case before

         the District Magistrate – cum – Collector. The District

         Magistrate – cum – Collector upon verification of the record and

         giving opportunity to the parties must pass a reasoned order by

         directing the concerned authority to take action in accordance

         with law.

                     10. In case the District Magistrate – cum – Collector

         upon examination of records finds that the Circle Officer has

         intentionally harassed the petitioner and fundamental right has

         been violated, the action is required to be taken in accordance

         with law.
             Patna High Court CWJC No.1145 of 2026 dt.29-01-2026
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                                  11. Accordingly, the present application stands

                      disposed of.




                                                 (Purnendu Singh, J)
Ashishsingh/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          12.02.2026
Transmission Date       NA


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