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Patna High Court

Chhote Lal Bind @ ChhotelalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that in the absence of any description of the plot, it cannot interfere and therefore cannot grant the relief sought.

Summary

Petitioner Chhote Lal Bind filed a writ petition seeking a mandamus to stop the removal of an alleged encroachment on land claimed to belong to his wife, alleging that authorities had removed a house near the plot without proper proceedings. The petition did not provide any description or particulars of the land in question. The Court held that without a clear description of the plot, it could not entertain the writ and grant the relief sought. It directed the petitioner to approach a competent civil court and file a title suit for declaration of his ownership. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the High Court can entertain a writ petition for mandamus to stop removal of encroachment when the petition lacks a description of the land concerned.

Subjects

  • writ jurisdiction
  • mandamus
  • land encroachment
  • title suit
  • procedural deficiency
  • civil court jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.1383 of 2026
                 ======================================================
                 Chhote Lal Bind @ Chhotelal, Son of Suresh Bind, Resident of Village-
                 Pahariya, P.S.-Bhagwanpur, District-Kaimur at Bhabua.

                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Secretary of Revenue Department Bihar at Patna.
           2.    The District Magistrate, Kaimur at Bhabua.
           3.    The Deputy Collector Land Reforms Mohania, Kaimur at Bhabua.
           4.    The A.D.M., Kaimur at Bhabua.
           5.    The C.O., Bhagwanpur at Bhabhua.
           6.    Markandey Ram, son of Harihar Ram, Resident of Village-Pahariya, P.S.-
                 Bhagwanpur, Dist-Kaimur at Bhabua.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Dharmendra Kumar Singh, Advocate.
                 For the Respondent/s   :       Mr. Anisul Haque, AC to AAG-5.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   31-01-2026                 Heard learned counsel appearing on behalf of the

                   petitioner and learned counsel for the State.

                               2. The petitioner in paragraph no. 1 of the present writ

                   petition has sought, inter alia, following relief(s), which is

                   reproduced hereinafter:-

                                              “1. That this writ petition filed on behalf of the
                                  petitioner for issuance a writ, order/orders or
                                  direction/directions including a writ / writs in the nature of
                                  mandamus for stop for removing the encroachment of land
                                  which notice was issued by circle officer on 16-12-2025 to
                                  petitioner situated in Mouza-Shahpur P.S.-Bhagwanpur
                                  Dist-Kaimur at Bhabua nature- petitioner 'wife is khatiyani
                                  raiyat of the aforesaid land in which encroachment
                                  proceeding initiated for removing the encroachment but
                                  encroachment was removed without initiate any proceeding
                                  but some confusion state authority also remove house of
                                  petitioner which was situated near this plot.
                                              and/or
           Patna High Court CWJC No.1383 of 2026(2) dt.31-01-2026
                                                       2/2




                                                May be passing other order/orders and further
                                     order which the petitioner is entitled to.”

                                 3. For the relief as prayed for in the present writ

                     petition in respect of certain land which the petitioner claims

                     that the same has been encroached, I find that in absence of any

                     description of the plot in the writ petition, this Court cannot

                     interfere in any manner to grant relief as prayed for in the

                     present writ petition.

                                 4. The petitioner, if so aggrieved, may file title suit

                     before a competent civil court having jurisdiction for declaration

                     of his title in respect of the land which he claims that the same is

                     being encroached unauthorizedly.

                                 5. The writ petition, accordingly, stands disposed of.



                                                              (Purnendu Singh, J)
mantreshwar/-

U      T


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