Patna High Court
Chhote Lal Bind @ ChhotelalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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
Checking your session…