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Patna High Court

Ratneshwar JhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner should pursue the appropriate legal remedy under the law, and therefore the writ petition was dismissed.

Summary

The petitioner, Ratneshwar Jha, filed a writ petition seeking a mandamus directing various state authorities to consider his peaceful possession of two land parcels (khesra nos. 3857 and 3850) allegedly seized and occupied by the private respondent, Prakash Kumar Jha, and to protect his land from nuisance caused by the same. He also requested any other appropriate orders. The court examined whether a writ of mandamus was the proper remedy for such land possession and nuisance issues. It observed that the petitioner could pursue the appropriate statutory or remedial avenues available under law rather than a writ. Consequently, the court declined to grant the writ relief and disposed of the petition, granting the petitioner liberty to seek the correct remedy. All interlocutory applications, if any, were also disposed of.

Issues considered

  • What is the appropriate remedy for a claim of peaceful possession of land and protection from nuisance caused by a private individual?
  • Can a writ of mandamus be issued to compel state authorities to consider and protect the petitioner's land rights in this context?

Subjects

  • writ of mandamus
  • land possession
  • nuisance
  • civil writ jurisdiction
  • high court
  • petition dismissed

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.14303 of 2021
                 ======================================================
                 Ratneshwar Jha Son of Late Nandoshwar Jha, Resident of Village - Kakraul,
                 P.S. - Rahika, District - Madhubani.

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through Principal Secretary, Revenue and Land Reform
                 Department, Government of Bihar, Patna.
           2.    The District Magistrate, Madhubani.
           3.    The Superintendent of Police, Madhubani.
           4.    The Sub-Divisional Officer, Madhubani.
           5.    The Anchal Officer, Rahika District - Madhubani.
           6.    The Station House Officer, Rahika P.S. District - Madhubani.
           7.    Prakash Kumar Jha, Son of Kamalnath Jha, Resident of Village - Kakraul,
                 P.S. - Rahika Ward No. 10, District - Madhubani.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Vinay Kumar Mishra, Advocate
                 For the Respondent/s   :      Mr. Atul Shankar, AC to SC 19
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   08-01-2026                 Heard Mr. Vinay Kumar Mishra,              learned counsel

                   appearing on behalf of the petitioner and Mr. Atul Shankar,

                   learned AC to SC 19 for the State.

                               2. Petitioner has inter alia prayed for following reliefs

                   in the paragraphs No.1 of the writ petition:-

                                              “(I) For issuance of writ of Mandamus
                                  commanding the respondent authority for considering the
                                  peaceful possession of land bearing khesra no.3857 and
                                  3850 measuring an anrea 1 katha 2 dhur forcibly captured
                                  and constructed by respondent no.7 situated in mouza
                                  kakroul P.S. Rahika, Dist- Madhubani in favour of
                                  petitioner.
                                              (ii) For issuance of writ of mandamus
                                  commanding the respondent authority no.3 to protection to
                                  the land of the petitioner in which nuisance create by the
                                  private respondent no.7.
           Patna High Court CWJC No.14303 of 2021(3) dt.08-01-2026
                                                      2/2




                                                 (iii) For issuance of other writ or order or
                                     direction which may deem fit and proper.”


                                 3. Considering the relief, as prayed for in the present

                     writ petition, the petitioner may find it proper               to avail

                     appropriate remedy in accordance with law, as informed by the

                     learned counsel.

                                 4. The present writ petition is, accordingly, disposed

                     of with aforesaid liberty.

                                 5. Interlocutory Application(s), if any, also stands

                     disposed of.



                                               (Purnendu Singh, J)
Sanjay/-

U


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