Patna High Court
Rajia DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed of as the encroachment has been removed and there is no basis to issue a mandamus.
Summary
Petitioner Rajia Devi filed a writ petition seeking a mandamus directing the State authorities to pass a final order in Measurement Case No.5/16-17 and demarcate her land (Khata No.46, Khesra No.240, 0.03 decimal). The State filed a counter‑affidavit stating that an encroachment proceeding was initiated, the encroachment was removed against respondent Ashok Mahto, and the petitioner herself acknowledged the removal on 8 July 2017. The counter‑affidavit was served on the petitioner’s counsel and no rebuttal was filed. The Court accepted the State’s version that the encroachment had been removed and found no basis to compel the authorities to re‑issue a final order. Consequently, the writ petition was disposed of.
Issues considered
- What is the appropriate remedy, if any, for the petitioner concerning the pending measurement case and land demarcation?
- Whether the removal of encroachment and the petitioner’s acknowledgment preclude the issuance of a mandamus directing the authorities to pass a final order?
Subjects
- mandamus
- measurement case
- land demarcation
- encroachment removal
- writ petition
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14026 of 2019
======================================================
Rajia Devi W/o Satyendra Saw @ Satendra Saw Vill.- Shivpur Dihri, P.o.-
Deoria Kala, P.s.- Fesar, Block- Aurangabad, Distt.- Aurangabad, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Govt. of Bihar, Patna
2. The Principal Secretary Department of Revenue and Land Reforms, Govt. of
Bihar, Patna
3. The District Magistrate-cum-Collector Aurangabad, Bihar
4. The Sub-Divisional Magistrate Aurangabad, Bihar
5. The Circle Officer Aurangabad, Block- Aurangabad, Distt.- Aurangabad
6. Ashok Mahto @ Ashok Mehta S/o Nageshwar Mahto @ Nageshwar Mehta
Vill.- Shivpur Dehri, P.s.- Fesar, Block- Aurangabad, Distt.- Aurangabad,
Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Sanjana, Advocate
For the Respondent/s : Mr. Dhurjati Kr. Prasad, GP-14
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 07-01-2026 Heard Mrs. Alka Singh, learned counsel for the
petitioner and Mr. Dhurjati Kr. Prasad, GP-14.
2. The present petition has been preferred for the
following relief(s):
“preferred for issuance of an
appropriate writ preferably in the nature of
'Mandamus' Commanding upon the Respondent
authorities to pass final order in Measurement
Case No.5/16-17 presently pending in the Court of
Patna High Court CWJC No.14026 of 2019(6) dt.07-01-2026
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Circle Officer, Aurangabad and there upon to
demarked the land of the petitioner appertaining to
Khata No.46, Khesra No. 240 Thana Shivpur,
Dehari, Thana No.283, Area 0.03 Decimal.
Further it is for grant of any other relief
(s) for which the petitioner may be found entitled ot
in the facts and circumstances of the case.”
3. A counter-affidavit has come on behalf of the
respondent no. 5, the Circle Officer, Aurangabad and learned
State counsel has taken this Court to paragraph no. 9 to show
that after the initiation of Measurement Case No. 05 of 2016-17,
Encroachment Proceeding No. 28/2016-17 was initiated which
followed removal of encroachment as against respondent no. 6,
Ashok Mahto @ Ashok Mehta and the Khata no. 46, Plot no.
240 of Mauja Shivpur, Dehari has been made encroachment
free. The counter-affidavit further shows that the petitioner has
acknowledged the removal of encroachment on 08.07.2017 by
putting in her L.T.I.
4. The copy of the counter-affidavit was served upon
learned counsel for the petitioner on 16.08.2019 and there is no
rebuttal to it.
5. Accepting the State version that the encroachment
Patna High Court CWJC No.14026 of 2019(6) dt.07-01-2026
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has been removed and allowing the petitioner to re-agitate the
matter if situation so warrant, the writ petition stands disposed
of.
(Rajiv Roy, J)
Adnan/-
U
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