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Patna High Court

Arjun kumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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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