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Patna High Court

Raj Kishore MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed of, with the petitioner directed to seek redress in the appropriate forum.

Summary

Petitioner Raj Kishore Mahto filed a writ petition seeking an injunction against the State of Bihar and several officials and individuals to prevent disturbance of his title and possession over Khata No. 92, Survey No. 440, and to stop construction of a road or passage over the land without due process or compensation. He also requested other reliefs, including directives to certain officials to address pending complaints. The court heard arguments from the petitioner’s counsel, the State counsel, and counsel for the individual respondents. The judge observed that the petitioner may pursue his grievance in an appropriate forum or court in accordance with law. Consequently, the writ petition was disposed of without granting any of the reliefs sought, and any pending interim applications were also dismissed.

Issues considered

  • Whether the High Court can issue an injunction restraining the State and its officials from disturbing the petitioner’s land title and possession without due process
  • Whether the petitioner is entitled to compensation for any road or passage constructed over his land
  • Whether the writ petition is maintainable or the petitioner should approach an appropriate forum for redress

Subjects

  • land ownership
  • injunction
  • due process
  • compensation
  • public road construction
  • writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.11905 of 2024
                 ======================================================
                 Raj Kishore Mahto Son of Late Mauji Mahto, Resident of Village and P.O. -
                 Bajahia, P.S. - Dariyapur, District- Saran, Pin - 841221.

                                                                         ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Secretary, Rural Development Department,
                 Govt. of Bihar, Patna.
           2.    The Divisional Commissioner, Saran at Chapra.
           3.    The District Magistrate, Saran at Chapra.
           4.    The Superintendent of Police, Saran at Chapra.
           5.    The Sub-Divisional Magistrate, Sonpur, Saran.
           6.    The Deputy Collector Land Revenue, Sonpur, Saran.
           7.    The Circle Officer Dariyapur, Saran.
           8.    The Officer In-charge Dariyapur Police Station, Saran.
           9.    Vijendra Mahto, Son of Late Singhasan Mahto, Resident of village and P.O.
                 - Bajahia, P.S. - Dariyapur, District - Saran, Pin- 841221.
           10. Sarojan Mahto, Son of Late Chanri Mahto, Resident of village and P.O. -
               Bajahia, P.S. - Dariyapur, District - Saran, Pin- 841221.
           11. Kishundev Mahto @ Lera, Son of Late Sona Mahto, Resident of village and
               P.O. - Bajahia, P.S. - Dariyapur, District - Saran, Pin- 841221.
           12. Jamuna Mahto, Son of Kuldeep Mahto, Resident of village and P.O. -
               Bajahia, P.S. - Dariyapur, District - Saran, Pin- 841221.
           13. Ashok Mahto, Son of Kuldeep Mahto, Resident of village and P.O. -
               Bajahia, P.S. - Dariyapur, District - Saran, Pin- 841221.
           14. Akalu Mahto, Son of Parma Mahto, aged about .............., Resident of village
               and P.O. - Bajahia, P.S. - Dariyapur, District - Saran, Pin- 841221.
           15. Ramesh Mahto, Son of Late Matuk Mahto, aged about ........, Resident of
               village and P.O. - Bajahia, P.S. - Dariyapur, District - Saran, Pin- 841221.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :         Mr.Shashi Shekhar Tiwary, Advocate
                 For the State           :         Mr. Braj Bhushan Misra, AC to AAG-09
                 For the Respondent no.9 to 15   : Mr.Praveen Ranjan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

7   15-04-2026                   Heard Mr. Shashi Shekhar Tiwary, learned counsel

                   for the and the State as also Mr. Praveen Ranjan, learned
Patna High Court CWJC No.11905 of 2024(7) dt.15-04-2026
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          counsel for the respondent nos. 09 to 15.

                      2. The present petition has been preferred for the

          following relief/s:

                                  (i) the answering respondents, particularly

                                  the respondents 1st set may kindly be

                                  directed to not disturb the status of the

                                  petitioner, so far his title and possession

                                  over the Khata No. 92, Survey No. 440 (Area

                                  1 Bigha, 10 Kathas, 13 Dhoors, belongs to

                                  Rampur village, under Dariyapur Circle)

                                  without taking due process of law;

                                  (ii) the respondents 1 set also may kindly be

                                  directed to not construct any road/passage

                                  over the land above said without taking

                                  recourse of law, without rehabilitating the

                                  petitioner        or    extending    adequate

                                  compensation for the same;

                                  (iii) the answering respondents also may

                                  kindly be directed to, not allow the

                                  respondent 2nd set in any manner to disturb

                                  the status of the petitioner and other related

                                  persons;
         Patna High Court CWJC No.11905 of 2024(7) dt.15-04-2026
                                                     3/3




                                           (iv) the answering respondents, particularly

                                           the respondent no. 5&6 may kindly be

                                           directed to extend logical end to the

                                           request/complain petitioner's pending vide

                                           Annexure 5        (page 30 of the present writ

                                           petition;

                                           (v) any other relief or relies may kindly be

                                           allowed, for which the petitioner be found

                                           entitled in the opinion of this Hon'ble Court.

                                3. In the presence of learned State Counsel as also

                   learned counsel representing the respondent nos. 09 to 15,

                   learned counsel for the petitioner submits that he shall be taking

                   up the matter before an appropriate forum/Court for the

                   redressal of the grievance in accordance with law.

                                4. Granting said liberty, the writ petition is disposed

                   of.

                                5. Pending I.A., if any, also stands disposed of.




                                                 (Rajiv Roy, J)
Ravi/-

U


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