Patna High Court
Arjun kumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petitioner may approach the Sub‑Divisional Officer, Mahua, and the writ petition is disposed, allowing a fresh petition before the SDO.
Summary
Arjun Kumar filed a writ petition seeking mandamus to remove encroachments from his land and to be reinstated on his purchased property. The petition also sought to implead the Sub‑Divisional Officer (SDO) of Mahua as an additional respondent. The court allowed the amendment to include the SDO and directed the petitioner to file a proper petition before the SDO for redress. The State counsel agreed that the matter would proceed after appropriate notice. Consequently, the High Court disposed of the original writ petition, permitting the petitioner to approach the SDO for a hearing and order in accordance with law.
Issues considered
- Whether the petitioner may implead the Sub‑Divisional Officer, Mahua as an additional respondent in the writ petition.
- Whether the writ petition should be disposed of and the petitioner directed to approach the SDO for relief.
Subjects
- writ of mandamus
- encroachment
- land dispute
- sub‑divisional officer
- civil writ jurisdiction
- procedural amendment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12084 of 2025
======================================================
Arjun kumar Son of Late Ganni Paswan, Resident of Village- Rampur Borha,
Police Station- Jandaha, District- Vaishali Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Land and
Revenue, Bihar, Patna.
2. The District Magistrate, Hazipur, Vaishali.
3. The Circle Officer, Jandaha Anchal, Vaishali.
4. Lala Paswan Son of Late Khakhan Paswan, Resident of Village- Rampur
Borhara, Police Station- Jandaha, District- Vaishali.
5. Nagdeo Paswan Son of Late Khakhan Paswan, Resident of Village- Rampur
Borhara, Police Station- Jandaha, District- Vaishali.
6. Ramlal Paswan Son of late Khakhan Paswan, Resident of Village- Rampur
Borhara, Police Station- Jandaha, District- Vaishali.
7. Sub-Divisional Officer, Mahua, Vaishali
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate
For the State : Mr. Government Advocate (10)
: Mr. Parmendra Kumar Singh, AC to GA-10
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 04-05-2026 Learned counsel for the petitioner prays for and is
allowed to implead the Sub-Divisional Officer, Mahua, Vaishali
as respondent no.7 in course of the day.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) to issue an appropriate
writ/order/direction in the nature of Mandamus
for directing the Respondent authority to remove
the encroachment from the land of petitioner.
Patna High Court CWJC No.12084 of 2025(2) dt.04-05-2026
2/2
(ii) to issue an appropriate
writ/order/direction in the nature of Mandamus
for commanding the Respondents to reinstate the
petitioner on his purchased land.
(ii) to any other(s) relief for which the
petitioner is found to be entitled in the facts and
circumstances of the case.”
3. After some argument, learned counsel for the
petitioner submits that a proper petition shall be preferred before
the newly added respondent no.7, the Sub-Divisional Officer,
Mahuba, Vaishali for the redressal of the grievance.
4. Learned State counsel submits that in case, such
petition is filed, the parties shall be noticed and the matter will
be taken to its logical conclusion.
5. In that background, the writ petition is disposed of
allowing the petitioner to approach the concerned respondent
who shall be hearing and passing an order in accordance with
law, at an earliest.
(Rajiv Roy, J)
vinayak/-
U
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