Patna High Court
Abdul RazakversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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