Patna High Court
Jagdish SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The writ is disposed, directing the Sub‑Divisional Magistrate to dispose of the pending miscellaneous case within six months.
Summary
The petitioners, teachers of Raj Lakshmi Girls Middle School, alleged that land allotted to their school was illegally encroached upon by a respondent in collusion with several education officials. They filed a writ seeking mandamus to release the land, to have a pending miscellaneous case (No. 323(P)/2022) disposed of, and to declare the respondents' actions malicious and arbitrary. The petitioners had already approached the Sub‑Divisional Magistrate of Dhamdaha, Purnea, filing the said miscellaneous case on 15 June 2022. The court noted that the petitioners' relief was limited to directing the magistrate to expedite the pending case and that the State had no objection. Consequently, the court disposed of the writ, ordering the Sub‑Divisional Magistrate to dispose of the pending case within six months of receiving the order.
Issues considered
- What relief, if any, can be granted by the High Court in a writ petition when the petitioner has already instituted an appropriate administrative proceeding?
- Whether the High Court should direct the Sub‑Divisional Magistrate to expedite disposal of the pending miscellaneous case.
Subjects
- land encroachment
- mandamus
- writ jurisdiction
- administrative remedy
- pending case disposal
- education department
- sub‑divisional magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12224 of 2023
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1. Jagdish Sharma S/o Late Baldev Sharma, Being the Asst Teacher of
Rajlakshmi Girls Middle School, Arbanna Chakla, Purnea, (herein after
refermed as school, in short) Resident of Village Bhatgawa Chakla, P.O.
Bhargama via Banmakhi, PS-Bhargama, Dist.- Araria.
2. Arjun Kumar Son of Jagdish Sharma, Being the Headmaster of Rajlakshmi
Girls Middle School Arbanna Chakla, P.O. - Maladih, P.S. Barhara Kothi,
District Purnea, resident of village Bhatgama Chakla, P.O. Bhatgama,
District - Araria.
... ... Petitioners
Versus
1. The State of Bihar Through the Principal Secretary, Education Department,
Bihar, Patna.
2. The Principal Secretary, Education Department Cum Second Appellate
Authority, Public Grievances Redressal Forum, Bihar Patna.
3. The Director, Primary Education, Bihar Patna.
4. The Divisional Commissioner, Purnea.
5. The District Magistrate, Purnea.
6. The Sub-Divisional Magistrate, Dhamdaha, Purnea.
7. The District Public Grievances Redressal Forum Araria.
8. The District Education Officer, Purnea.
9. The District Programme Officer, (Establishment) Purnea.
10. That Block Education Officer, Purnea.
11. .Sujeet Kumar, Headmaster of Middle School Arbama Chakla, PS -B-Kothi,
Purnea .
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Respondent/s : Mr. Jitendra Kumar Roy 1 ( Sc 13 )
: Mr. Jai Prabhat Kishore, AC to SC-13
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 18-02-2026 Heard learned counsel for the petitioners and learned
counsel for the Respondent-State.
2. The petitioners in the present writ application have
prayed for the grant of following reliefs:-
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a) To issue, order/orders, direction/direction,
writ/writs in the nature of mandamus commanding upon the
respondents to take appropriate action for the release of lands,
which was earlier executed by the secretary namely Krishna
Deo Yadav, of the Managing comm.. of the school in hand, the
form of sale deed No. 8265 dt. 08.10.1974, in the name of
Governor, Bihar for the establishment of Raj Lakshmi Girl
Middle School, Arbanna Chakla, Purnea, which was encroached
by the Respondent No. 11 in collusion with Respondent No. 8 to
10, who played a major role in the said encroachment.
b) To issue an order/orders, direction/directions,
writ/writs in the nature of mandamus commanding upon the
Respondent No. 6 to dispose the Misc. Case No. 352P/2022,
(Annexure 4) pertaining to the encroachment, being filed on
15.06.2022, as early as possible in accordance with Law as the
same is found to be pending since last one year.
c) To hold and declare the action of the respondent
concerned be malacious, malafide, arbitrary in nature and
deprecate the said action in strong words.
d) To issue an order/orders direction/directions,
writ/writs in the nature of mandamus commanding respondent
concerned to redress the grievances of the petitioner relating to
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the said encroachment of the land allotted to the school in hand,
pending before the Respondent No. 2, as early as possible in
accordance with law.
e) To grant any other relief/reliefs to which these
petitioners are found to be entitled for.
3. During the course of the argument, attention of this
Court has been drawn to paragraph-15 of the writ application
which is quoted hereinbelow for needful:-
“15. That after getting no positive
response for the redressal of the
grievances as so raised for by the
petitioner at the local Administration
lands, then the petitioner has left no
option to move before the Ld Court of
Sub - Divisional Magistrate Dhamdaha,
Purnea, (Resp No. 6) by way of filing
Miscellaneous Case No. 323(P)/2022
on 15.06.2022.”
4. Learned counsel for the petitioners submits that in
view of the fact that for seeking the relief as claimed for in the
present writ application, the petitioners have already filed a case
before the Court of learned Sub-Divisional Magistrate,
Dhamdahar, Purnea in Miscellaneous Case No. 323(P) of 2022
on 15.06.2022, therefore, this case may be disposed of directing
the Sub-Divisional Magistrate, Dhamdahar, Purnea to dispose of
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the pending case as expeditiously as possible.
5. To the aforesaid submission made by the learned
counsel for the petitioners, learned counsel for the Respondent-
State has no objection.
6. Considering the limited nature of prayer made by
learned counsel for the petitioners, this writ application is
disposed of directing the learned Sub-Divisional Magistrate,
Dhamdahar, Purnea to dispose of the pending Miscellaneous
Case No. 323(P) of 2022 as expeditiously as possible preferably
within a period of six months from the date of
receipt/production of a copy of this order.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U
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