Patna High Court
Rubi DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed of, with liberty granted to the petitioner to approach the Sub‑Divisional Officer and Circle Officer for redressal.
Summary
Petitioner Rubi Devi filed a writ petition seeking demarcation of her land (khata no. 145, plot no. 88), protection for herself and family from alleged threats by respondents 6, 7 and 8, and an injunction restraining those respondents from illegal construction on the land. She also requested that the court allow her to construct a house as the bonafide owner. The petitioner’s counsel argued that the grievance should be addressed by the Sub‑Divisional Officer and Circle Officer. The court granted this liberty, directing the petitioner to approach the administrative officers for relief, and disposed of the writ petition. The court further noted that if proper petitions are filed, the respondents should see the matter through to its logical conclusion.
Issues considered
- Whether the High Court can order demarcation of the petitioner’s land through a writ petition
- Whether the court can provide protection and restrain respondents from illegal construction on the disputed land
- Whether the petitioner should be directed to approach administrative authorities for redressal of her grievance
Subjects
- land demarcation
- illegal construction
- protection of life and property
- civil writ jurisdiction
- property dispute
- administrative remedy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15371 of 2023
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Rubi Devi Wife of Shri Ram Singh, Resident of Village- Karn Kudara, P.S.-
Mashrak, District- Saran (Chhapra).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms Government of Bihar, Patna.
2. The Collector, Saran at Chhapra.
3. The Sub-Divisional Officer, Chhapra Town, District- Saran.
4. The Deputy Collector of Land Reforms, Chhapra Town, District- Saran.
5. The Circle Officer, Chhapra Town, District- Saran.
6. Jitendra Singh, Son of Late Chandrika Singh, Resident of Village- Sattra,
P.S.- Panapur, District- Saran at Chhapra.
7. Pawan Singh, Son of Late Baldeo Singh, Resident of Village- Karn Kudara,
P.S.- Mashrak, District- Saran at Chhapra.
8. Suresh Singh, Son of Ramayan Singh, Resident of Village- fazllahpur, P.S.-
Baikunthpur, District- Gopalganj, presently Residing at.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivendra Prasad, Advocate
For the Respondent/s : Mr. Raj Kishore Roy (Gp18)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 18-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“(i) demark the land of petitioner
appertain to khata no. 145 plot no. 88 area 1 katha
10 dhurs which the petitioner has purchased from
the recorded raiyat of the land situated at village-
Sondha, P.S.- Chhapra Muffasil, District- Saran.
Patna High Court CWJC No.15371 of 2023(2) dt.18-04-2026
2/3
(ii) To provide security to the petitioner
and her family members and protect their rights as
they apprehends danger to their life and property
at the hands of respondent no. 6, 7 and 8.
(iii) To restrain the respondent no. 6, 7,
and 8 from making illegal construction over the
afore said land of the petitioner and allow the
petitioner to construct her house over the said land
as the petitioner is the bonafide owner of the said
land.
(iv) To take legal action against
respondent no. 6, 7 and 8 as they at the strength at
their muscle power are trying their level best to
dispossess the petitioner from land referred to
above and for any other relief(s) for which the
petitioner is found to be entitled in the facts and
circumstances of the present case.”
3. Learned counsel for the petitioner after some
argument submits that he shall be approaching the Sub-
Divisional Officer, Chapra Town, Saran as also the Circle
Officer, Chapra Town, Saran (respondent nos. 03 and 05
respectively) for the redressal of the grievance.
Patna High Court CWJC No.15371 of 2023(2) dt.18-04-2026
3/3
4. Granting said liberty, the writ petition is disposed
of.
5. It it is expected from the respondents that if proper
petition is/are already filed, they will be taking the matter to its
logical conclusion.
(Rajiv Roy, J)
Ravi/-
U
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