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Patna High Court

Yashwant RoyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner must approach the Circle Officer with the required fee for land measurement, and the officer shall issue notice and fix a date for measurement, rather than granting immediate relief through the writ.

Summary

Petitioner Yashwant Roy filed a writ petition alleging that his father's land (Khata No. 31/36, MSP No.18, 2.3351 acres) has been encroached upon by neighbours (respondents 11 and 12). He claimed that repeated applications to the revenue authorities yielded no action and that he had no other effective remedy. The State contended that the land is disputed and that litigation is pending between the parties. The Court observed that the petitioner should approach the Circle Officer with the requisite fee for land measurement, and that the officer must issue notice to all affected parties and fix a date for measurement. Accordingly, the writ petition was disposed with the observation that the administrative process be followed.

Issues considered

  • Whether a writ petition can be entertained for removal of encroachment when the land is under dispute and litigation is pending.
  • Whether the petitioner has an alternative administrative remedy for measurement and removal of encroachment.

Subjects

  • encroachment
  • land dispute
  • writ petition
  • civil writ jurisdiction
  • measurement of land
  • administrative remedy

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.11461 of 2025
                 ======================================================
                 Yashwant Roy Son of Rambriksh Prasad, a resident of Mansoorganj, Post
                 Office- Begampur, Police Station- Malsalami, Patna City, Patna, District-
                 Patna.

                                                                           ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Additional Chief Secretary the Revenue and
                 Land Reforms Department, Government of State of Bihar.
           2.    The District Magistrate-cum-Collector, Patna, District-Patna.
           3.    The Deputy Collector, Land Reforms Department, Patna City, Patna.
           4.    The Sub-Divisional Officer, Patna City, Patna.
           5.    The Circle Officer, Patna City, Patna, District- Patna.
           6.    The Director General of Police, Bihar, Patna.
           7.    The Senior Superintendent of Police, Patna.
           8.    The Superintendent of Police, Patna East, District- Patna.
           9.    The Sub-Divisional Police Officer, Patna City, District-Patna.
           10. The Police Inspector-cum-S.H.O., Malsalami Police Station, District- Patna.
           11. Raj Kumar Kanodia Son of Baijnath Kanodia, resident of Puaa Gali, Police
               Station- Chowk, Patna City, District-Patna.
           12. Smt. Sudha Gupta Wife of Sri Jagdish Prasad resident of Karwa Ki Sarai,
               Police Station- Malsalami, Patna City, District- Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :          Mr. Arvind Kumar Mouar, Advocate
                 For the State            :          Mr. Government Pleader (23)
                 ======================================================
                 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):

                                              “for         issuance         of          writ/writs,

                                        direction/directions, order/orders to command

                                        the    respondents      aforesaid    to   remove       the
Patna High Court CWJC No.11461 of 2025(2) dt.28-04-2026
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                             encroachment of the petitioner's land which is in

                             the    name       of     petitioner's    father   namely

                             Rambrisha Prasad under the jurisdiction of

                             Patna City Circle and Malsalami Police Station

                             under Khata No. 31/36, MSP No.18, Area-0 Acre

                             2.3351 decimals and the same plot of the

                             petitioner       has     been     encroached      by   his

                             neighbours respondents No. 11 and 12 in this

                             regard     the       petitioner   have   given    several

                             applications before the concerned respondents

                             but no action has been taken by them and the

                             petitioner has no other alternative or efficacious

                             remedy only by way of filing the present writ

                             application.”

                      3. After some argument, learned counsel for the

          petitioner submits that he shall be approaching the Circle

          Officer, Patna City, Patna alongwith appropriate fee so that his

          land could be measured.

                      4. Learned State counsel submits that it is disputed

          land and litigation is there between the petitioner and the

          respondent no.11 and 12.

                      5. This Court is of the opinion that if any such
            Patna High Court CWJC No.11461 of 2025(2) dt.28-04-2026
                                                        3/3




                      petition is preferred alongwith the requisite fee, the Circle

                      Officer, Patna City, Patna shall look into the matter and act

                      accordingly.

                                  6. Needless to add, if he/she comes to the conclusion

                      that it can be measured, proper notice to all the affected parties

                      must be issued and the date be fixed so that they can present

                      themselves on the said date for the said measurement.

                                  7. The writ petition is disposed of with the aforesaid

                      observation.



                                                    (Rajiv Roy, J)
vinayak/-

U


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