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Patna High Court

Abdul RazakversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The Court held that it would not issue a mandamus but instead grant the petitioner liberty to approach the appropriate authority for redress of the encroachment.

Summary

Abdul Razak, the petitioner, claimed possession of about three decimal of land under the Bihar Privileged Persons Homestead Tenancy Rules, 1948, and sought a writ of mandamus directing the State of Bihar, the Collector and the Anchaladikari to remove encroachments made by private respondents Nazir Mian and Hafiz Mian. The petition alleged that the private respondents had illegally occupied five dhur of the land. The petitioner’s counsel indicated an intention to approach the appropriate authority or court for redress against the private respondents. The State’s counsel raised no objection to this approach. The Court, after hearing, granted the petitioner liberty to seek relief from the appropriate authority and disposed of the writ petition without issuing a mandamus.

Issues considered

  • Whether the High Court can issue a writ of mandamus directing the removal of private encroachments on land held under the Bihar Privileged Persons Homestead Tenancy Rules

Subjects

  • encroachment
  • mandamus
  • land rights
  • Bihar Privileged Persons Homestead Tenancy Rules, 1948
  • civil writ jurisdiction
  • high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.15024 of 2016
                 ======================================================
                 Abdul Razak Son of Late Rasul Mian Resident of village - Bishunpur Tara,
                 P.O. Gulbara, P.S. Madhuban, District East Champaran

                                                                            ... ... Petitioner/s
                                                     Versus
           1.    The State Of Bihar
           2.    The Collector, West Champaran at Bettiah
           3.    The Anchaladikari, Mahduban Anchal, East Champaran
           4.    Nazir Mian Son of Late Sakur Mian @ Abdul Sakur
           5.    Hafiz Mian Son of Late Rasul Mian Both residents of village - Bishunpur
                 Tara, P.O. Madhuban, P.S. Gulbara, District East Champaran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Umesh Chandra Verma, Advocate
                 For the Respondent/s   :        Mr.Rishi Raj Sinha- Sc19
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   03-02-2026                  Heard the parties.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for issuance of an appropriate writ, order

                                            or direction, particularly in the nature of

                                            mandamus, directing respondent nos. 1 to 3

                                            to remove encroachments created by private

                                            respondent nos. 4 and 5 from 5 dhur of land

                                            under khata no. 100 khesara no. 265, which

                                            was part of the basgit land measuring about

                                            3 decimal of land, in respect of which the
         Patna High Court CWJC No.15024 of 2016(4) dt.03-02-2026
                                                    2/2




                                           petitioner was holding parcha under Sub-

                                           Rule 5 of Rule 5 of the under Bihar

                                           Privileged Persons Homestead Tenancy

                                           Rules, 1948.

                                3. After some argument, learned counsel for the

                   petitioner submits that he shall be approaching the appropriate

                   authority/Court for the redressal of the grievance against

                   respondent nos. 4 and 5.

                                4. Learned State counsel has no objection.

                                5. Granting said liberty to the petitioner to approach

                   the appropriate authority/Court for the redressal of the

                   grievance, the writ petition is disposed of.



                                                 (Rajiv Roy, J)
Ravi/-

U


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