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Patna High Court

Atma Ram Singh @ Atma SinghversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed as its purpose has been fulfilled with the petitioner already in possession of the land.

Summary

The petitioner, Atma Ram Singh, filed a writ petition seeking a direction to the respondents, particularly the Circle Officer, to enforce orders dated 09.08.2012 and 01.06.2013 and a letter dated 01.07.2017 directing removal of encroachments on land settled in his mother's favour and later possessed by him. The State filed a counter‑affidavit showing that physical possession of the land was handed over to the petitioner on 02.02.2019 in the presence of police officials. The petitioner also cited a letter from the State Government dated 30.03.2022 directing the Collector and SP to look into the matter. The Court held that the purpose of the writ petition had been fulfilled, as possession had already been restored, and therefore the petition was no longer maintainable. The Court advised the petitioner to pursue any remaining grievance through the appropriate administrative channel. Consequently, the writ petition was disposed of.

Issues considered

  • What relief, if any, could be granted by the Court to enforce the earlier orders for removal of encroachment and restoration of possession?
  • Whether the writ petition remains maintainable after the petitioner has been given physical possession of the disputed land.

Subjects

  • civil writ jurisdiction
  • land encroachment
  • restoration of possession
  • administrative remedy
  • petition dismissed

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.11567 of 2018
                 ======================================================
                 Atma Ram Singh @ Atma Singh Son of Late Kapildeo Mahto, Resident of
                 Vill.- Bhopatpur, P.O.- Sri Palpur, P.S. Koilwar, Dsitrict- Bhojpur.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State Of Bihar.
           2.    The Collector, Bhojpur at Ara.
           3.    The Sub Divisional Officer, Ara Sadar, District Bhojpur.
           4.    The Deputy Collector Land Reforms, Ara Sadar, Bhojpur.
           5.    The Circle Officer, Koilwar, District Bhojpur.
           6.    Arjun Prasad Yadav, Son of Late Ramanand Yadav.
           7.    Raju Kumar Yadav, son of Late Ram Narayan Yadav.
           8.    Radha Yadav, Son of Ram Chhapit Yadav,
           9.    Ram Lagan Yadav, Son of Late Ram Chhapit Yadav.
           10. Baliram Gupta, Son of Sheo Lochan Gupta, All residents of Village
               Bhopatpur, P.S.- Koilwar, District- Bhojpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Bajarangi Lal, Advocate
                 For the Respondent/s   :      Mr. Dhurjati Kumar Prasad, GP-14
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   27-02-2026                 Heard Mr. Bajarangi Lal, learned counsel for the

                   petitioner and Mr. Dhurjati Kumar Prasad, learned GP-14.

                               2. The present petition has been preferred for the

                   following relief(s):

                                             “for a direction upon respondents

                                  especially to respondent no. 5 to act upon order

                                  dated 09.08.2012 and 01.06.2013 and letter

                                  no.1197 dated 01.07.2017 passed/issued by the
Patna High Court CWJC No.11567 of 2018(2) dt.27-02-2026
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                          DCLR, Ara Sadar in BLDR case no.05/2010-11 by

                          which direction has been given to Circle Officer,

                          Koilwar to remove encroachment made by private

                          respondents over land in dispute situated in Mauza

                          Bhopatpur Thana No. 95, Khata no.391, Khesra

                          No.603 area 0.95 decimals which was settled to

                          mother      of    petitioner    vide   settlement   case

                          no.06/1977-78 and after her death petitioner came

                          in possession over the same and ensure restoration

                          of possession of the petitioner over the land.

                          And/or pass such other order/ orders to which the

                          petitioner is enti-tled in the fats and circumstance

                          of this case.”

                      3. A counter-affidavit has come on behalf of the Circle

          Officer, Koilwar, Bhojpur and learned State counsel has taken

          this Court to paragraph-6 to show that on 02.02.2019, in the

          presence of the Police Officials, the physical possession of the

          land was given to the petitioner which was also acknowledged

          by him. The connecting Annexure-A shows the signature of the

          petitioner, Atma Ram Singh dated 02.02.2019.

                      4. Learned counsel for the petitioner submits that

          since he had more grievance, moved before the State
          Patna High Court CWJC No.11567 of 2018(2) dt.27-02-2026
                                                      3/3




                    Government and the Home Department vide letter dated

                    30.03.2022 has directed the Collector and S.P., Bhojpur to look

                    into the matter. (Annexure-8 to the petition).

                                5. The petition came to be filed, a counter-affidavit,

                    thereafter, was filed by the Circle Officer, Koilwar, Bhojpur

                    which records the signature of the petitioner dated 02.02.2019

                    showing that he has been given physical possession.

                                6. This Court is satisfied that the purpose for which

                    the writ petition was filed is over.

                                7. If the petitioner has still any grievance and has

                    opened a separate channel by approaching State Government, he

                    is well advised to pursue the said remedy.

                                8. With the aforesaid observation, the writ petition

                    stands disposed of.



                                                  (Rajiv Roy, J)
Adnan/-

U


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