Patna High Court
Maksudan Kumar @ Maksudan YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court disposed the writ petition, directing the petitioner to appear before the Circle Officer and ordering the officer to decide the matter within eight weeks, failing which an adverse order may be passed.
Summary
The petitioner, Maksudan Kumar, filed a writ petition seeking protection of his lawful possession and title over ancestral land allegedly encroached by private parties in collusion with local authorities. He alleged that the encroachment violated his property rights and requested the court to direct immediate action on his representations dated 11/01/2025 and 28/02/2025. The court examined whether the petitioner was entitled to relief under the civil writ jurisdiction to safeguard his possession. It held that the matter could be resolved by the administrative authority, the Circle Officer of Andar, and therefore directed the petitioner to appear before that officer. The court further ordered the Circle Officer to decide the issue within eight weeks, warning of an adverse order for non‑compliance. Accordingly, the writ petition was disposed with these observations.
Issues considered
- Whether the petitioner is entitled to protection of possession and title over ancestral land against illegal occupation.
- Whether the court can direct the Circle Officer to decide the matter within a specified time and impose an adverse order for failure to do so.
- Whether the writ petition is maintainable under the civil writ jurisdiction.
Subjects
- land encroachment
- possession
- civil writ jurisdiction
- property rights
- Circle Officer
- Bihar
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1522 of 2026
======================================================
Maksudan Kumar @ Maksudan Yadav S/O Brijmohan Yadav, R/o- Village
Fazilpur Dudaahi Tola,P.O. Asaon, P.S.- Asaon, District-Siwan, Bihar-841287
... ... Petitioner/s
Versus
1. The State of Bihar Through the Chief Secretary, Government of Bihar, Old
Secretariat, Patna-800015.
2. The Principal Secretary, Department of Revenue and Land Reforms,
Government of Bihar, Vikas Bhawan, Bailey Road, Patna - 800001.
3. The District Magistrate, Siwan, Bihar - 841226.
4. The Circle Officer, Andar, District - Siwan, Bihar.
5. Akshay Lal Yadav S/o Shyamdev Yadav, Resident of Vill-Moglanipur, P.S
Asaon, District-Siwan, Bihar.
6. Pawan Yadav, S/o Subhash Yada, Resident of Vill-Moglanipur, P.S Asaon,
District-Siwan, Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ujjwal Kant Panday, Advocate
For the State : Mr. Additional Advocate General (4)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 16-03-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“for appropriate writ or writs, order
or orders, to take immediate and appropriate
action on the Petitioner's representations dated
11/01/2025 and 28.02.2025 and to protect the
Petitioner's lawful possession and title over his
ancestral land, which is being illegally occupied
Patna High Court CWJC No.1522 of 2026(3) dt.16-03-2026
2/2
and encroached upon by private parties in
collusion with local authorities.”
3. Let the petitioner appear before the respondent
no.4, the Circle Officer, Andar, Siwan in next four weeks
alongwith the copy of the order and the Circle Officer, Andar,
Siwan is duty bound to decide the matter in next eight weeks.
Failure to take a decision, the concerned respondent may face an
adverse order.
4. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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