Patna High Court
Md. ShahnawazversusThat the State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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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