Patna High Court
Parmanand BhagatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is not maintainable; the petitioner must approach the appropriate authority or court for redress.
Summary
Parmanand Bhagat filed a writ petition seeking a mandamus directing the removal of alleged encroachment on his ancestral khatiyani land by private respondents numbered 8 to 14. He claimed the respondents had seized part of his land and demanded the court order their removal. The State counsel argued that the matter did not fall under the Public Land Encroachment Act and that the petition was not maintainable. The High Court held that the petitioner should approach the appropriate authority or court for redress and that the writ petition could not be entertained. Consequently, the court granted liberty to the petitioner to seek relief elsewhere and disposed of the writ petition.
Issues considered
- Whether the High Court has jurisdiction to entertain a writ petition for removal of encroachment by private persons under the Public Land Encroachment Act.
- Whether the petitioner should approach a different authority or forum for relief.
Subjects
- encroachment
- mandamus
- jurisdiction
- public land encroachment act
- property dispute
- civil writ jurisdiction
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1169 of 2026
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Parmanand Bhagat Son of Late Thakur Bhagat, Resident of Village- Faridpur,
Post Office- Akidatpur, P.S.- Kharik, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Secretary, Bihar State Land Reforms and Revenue
Department, Government of Bihar, Patna.
3. The District Magistrate cum Collector, Bhagalpur.
4. The Deputy Collector, Land Reforms, Bhagalpur.
5. The S.D.O. Naugachia, District- Bhagalpur.
6. The S.H.O. Kharik, District- Bhagalpur.
7. The Circle Officer, Kharik, District- Bhagalpur.
8. Chamru Mandal, Son of Late Ram Mandal Resident of Village- Faridpur,
Post Office- Akidatpur, P.S.- Kharik, District- Bhagalpur.
9. Subhash Mandal, Son of name not known Resident of Village- Faridpur,
Post Office- Akidatpur, P.S.- Kharik, District- Bhagalpur.
10. Bashishth Mandal, Son of Late Prayag Mandal Resident of Village-
Faridpur, Post Office- Akidatpur, P.S.- Kharik, District- Bhagalpur.
11. Munilal Mandal, Son of Late Prayag Mandal Resident of Village- Faridpur,
Post Office- Akidatpur, P.S.- Kharik, District- Bhagalpur.
12. Masudan Mandal, Son of Late Mahavir Mandal Resident of Village-
Faridpur, Post Office- Akidatpur, P.S.- Kharik, District- Bhagalpur.
13. Arjun Mandal, Son of Late Mahavir Mandal Resident of Village- Faridpur,
Post Office- Akidatpur, P.S.- Kharik, District- Bhagalpur.
14. Tinku Mandal, Son of Late Ram Swarup Mandal Resident of Village-
Faridpur, Post Office- Akidatpur, P.S.- Kharik, District- Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Pandey, Advocate
For the Respondent/s : Mr.Government Pleader (24)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 13-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
Patna High Court CWJC No.1169 of 2026(3) dt.13-03-2026
2/3
(i) for a writ/writs, order/orders, directions
directing upon the respondents concerned in
the nature of mandamus to remove the
encroachment from the land of the petitioner
from the clutches of Respondent no.08 to 14,
which is his khatiyani land (ancestral basgit
land).The land in question is situated under
Thana and Anchal Kharik, Thana no.111,
Mouja-Bhatotar, District-Bhagalpur, Khata
no.05, Khesra no.63, Rakba 0.16 Decimal.
Boundary- North- Chamru Mandal, South-
Subhash Mandal, East Basishth Mandal,
Masudan Madal and Arjun Mandal and
Tinku Mandal and West-Pakki Road. The
petitioner has built a house on the said land
and residing peacefully with his family
members but the Respondent no.8 to 14
being boundary raiyat to the land with their
ill motive and evil eyes seeing the petitioner
poor, old and infirm person has grabbed his
some part of the land from their side.
3. At the outset, learned counsel for the State submits
Patna High Court CWJC No.1169 of 2026(3) dt.13-03-2026
3/3
that the petitioner is seeking removal of encroachment from the
private respondents 08 to 14 which do not come within the
purview of Public Land Encroachment Act.
4. This Court is of the opinion that the petitioner
should have approached the appropriate authority/Court for the
redressal of the grievance and certainly it cannot ignore the
submission put forth by the the learned State counsel.
5. With the aforesaid observation and granting liberty
to the petitioner to approach the appropriate authority/Court for
the redressal of the grievance, the writ petition is disposed of.
(Rajiv Roy, J)
Ravi/-
U
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