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Patna High Court

Md. ShahnawazversusThat the State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court dismissed the writ petition and directed the SDO to dispose of the petitioner's representation, indicating that the remedy lies with the administrative authority.

Summary

Petitioner Md. Shahnawaz filed a writ petition seeking a mandamus directing the Circle Officer, Mahua, to restore his physical possession of land (Khata No.423, Kheshr No.646) after a prior court order (CWJC No.3609/2024) had resulted in the creation of a Jamabandi but the possession remained withheld. He alleged that despite repeated persuasion, the respondent authorities had not complied, and he had also filed a representation on 25‑11‑2025 before the Sub‑Divisional Officer (SDO) seeking the same relief. The Court observed that the petitioner could pursue the administrative remedy before the SDO and directed the SDO to dispose of the representation forthwith. Consequently, the writ petition was dismissed as disposed.

Issues considered

  • Whether the High Court can issue a mandamus directing the Circle Officer to restore possession of land when the petitioner has an alternative administrative remedy before the SDO.

Subjects

  • mandamus
  • possession
  • land revenue
  • administrative remedy
  • writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1413 of 2026
                 ======================================================
                 Md. Shahnawaz S/o Late Md. Musiuzzaman, resident of Village and P.O.-
                 Mahua Mukundpur, near Pahar Tola, P.S.-Mahua, District-Vaishali at Hajipur.
                                                                           ... ... Petitioner/s
                                                    Versus
           1.     That the State of Bihar through the Chief Secretary, Government of Bihar,
                  Patna.
           2.    The Additional Chief Secretary, Department of Revenue and Land Reforms,
                 Government of Bihar, Patna.
           3.    The District Magistrate cum Collector, Vaishali at Hajipur.
           4.    The Additional Collector, Vaishali, District-Vaishali at Hajipur.
           5.    The Deputy Collector, Land Reforms (D.C.L.R.), Mahua, District-Vaishali at
                 Hajipur.
           6.    The Sub-divisional Officer, Mahua, District-Vaishali.
           7.     The Circle Officer, Anchal-Mahua, District-Vaishali at Hajipur.
                                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Girish Chandra Jha, Advocate
                 For the Respondent/s   :       Standing Counsel (08)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

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

                   petitioner and the 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:-

                                           “That the petitioner above-named seeks
                                indulgence of this Hon’ble Court for issuance of
                                appropriate order/orders, direction/directions,
                                writ/writs, preferably in the nature of mandamus,
                                commanding and directing the respondent
                                authority concerned, in particularly, the Circle
                                Officer, Mahua, District Vaishali at Hajipur
                                (Respondent No.7) to forthwith restore physical
                                possession of the petitioner over the land
                                appertaining to Khata No.423, Kheshr No.646,
                                Area 3 decimals, situated at Mauza-Mukundpur,
                                Anchal-Mahua, District Vaishali, which Jamabandi
                                although has been created by the Respondent
                                Circle Officer, Mahua in compliance of order dated
        Patna High Court CWJC No.1413 of 2026(2) dt.31-01-2026
                                                    2/2




                                20.06.2024 passed by this Hon’ble Court in CWJC
                                No.3609/2024, but physical possession of the land
                                has not been given to the petitioner till the date,
                                despite making hectic persuasion by the petitioner
                                before the Respondent authority concerned; as a
                                result of which petitioner is still moving here and
                                there. Any other relief/relief for which petitioner is
                                found entitled on the facts ad in the circumstances
                                of this case.”

                              4. Learned counsel appearing on behalf of the

                  petitioner informs that the petitioner has already filed a

                  representation dated 25.11.2025 before the S.D.O., Mahua

                  (Vaishali) for the reliefs as prayed for in the present writ

                  petition.

                              4. Considering the aforesaid information,            the

                  petitioner, if so desire, may avail remedy before the S.D.O.,

                  Mahua (Vaishali) for recovery of the possession and creation of

                  his title over the land, in question.

                              5. The S.D.O., Mahua (Vaishali) is directed to

                  dispose of the representation of the petitioner dated 25.11.2025,

                  which has been filed for the relief as prayed for in the present

                  writ petition in accordance with law forthwith.

                              5. The writ petition stands disposed of




                                            (Purnendu Singh, J)
chn/-
U


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