Patna High Court
Yashwant RoyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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
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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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