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Patna High Court

Shatrudhan MishraversusState of Bihar

Decided
Disposal
DISPOSED

Holding

In the absence of any substantive action beyond a mere communication, the court held that a mandamus cannot be issued and dismissed the writ petition.

Summary

The petitioner, Shatrudhan Mishra, filed a writ petition seeking a mandamus directing various state officials not to disturb his possession of land in West Champaran, alleging that a letter from the Circle Officer sought to use his land for a cleanliness mission. He claimed to have valid documents establishing his bonafide ownership. The respondents produced only the contested letter and no further evidence of any action taken to disturb the land. The court observed that the petitioner had not demonstrated any concrete step beyond the communication and that he could approach the Collector for a hearing on his claim. Consequently, the court found no basis to issue a writ of mandamus and disposed of the petition.

Issues considered

  • Whether the state officials can be compelled by mandamus to refrain from disturbing the petitioner's possession of the land.
  • Whether the petitioner has demonstrated a sufficient cause of action to justify the issuance of a writ.

Subjects

  • writ petition
  • mandamus
  • possession of land
  • cleanliness mission
  • public authority
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.15420 of 2023
                 ======================================================
                 Shatrudhan Mishra S/o Hirdiya Nand Mishra, R/o Ward No. 9, Bakharia, P.S.
                 - Majhaulia, West Champaran, Bihar.

                                                                    ... ... Petitioner/s
                                               Versus
           1.    State of Bihar through the Secretary Land and revenue Department,
                 government of Bihar, Patna.
           2.    District Magistrate, Betia, West Champaran.
           3.    Additional District Colector, Betia, East Champaran.
           4.    Block Agriculture Officer, Majhaulia, West Champaran.
           5.    Circle Officer, Majhaulia,
           6.    Block Development Officer, Majhaulia,

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Prakash Chandra, Advocate
                 For the Respondent/s   :      Mr. Sajid Salim Khan ( Sc 25 )
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   18-04-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief(s):

                                              “for issuance of appropriate writ or

                                  writs in the nature of commanding the concerned

                                  officials mandamus respondents not to disturb the

                                  peaceful possession of the petitioner land bearing

                                  Khata No. 596, Khesra No. 919, measuring 6

                                  Khatta, 16 dhur situated in Mauza Bakhariya,

                                  Anchal Majhaulia, P.S No. 280, West Champaran

                                  settled in the faviour of the father of the petitioner
Patna High Court CWJC No.15420 of 2023(3) dt.18-04-2026
                                           2/3




                          namely late Hirdaya Nand Mishra who was a

                          serviceman and the same clears from the letter No.

                          132, dated 28.06.2023, issued by the District

                          Agriculture Officer, Majhaulia, West Champaran

                          and further petitioner bleaches indulgence of this

                          Hon'ble Court for the issuance of appropriate writ

                          or writs in the nature of mandamus commanding

                          the concerned officials not to disturb the physical

                          possession of the petitioner land bearing Khata No.

                          596, Khesra No. 1073, measuring 10 Khatta

                          situated at Mauza Bakhariya, Anchal – Majhaulia,

                          P.S. No. 280.”

                      3. Learned counsel for the petitioner is aggrieved by

          the letter no. 236 dated 11.03.2023 (though the same has not

          been challenged) by the Circle Officer, Majhaulia addressed to

          the Block Development Officer, Majhaulia on the point of use

          of the said land under the cleanliness mission.

                      4. The grievance is that he has valid document to

          show his bonafide but they are trying to use it for the said

          mission.

                      5. Learned State counsel submits that save and except

          the said letter, no additional document is there to show the claim
         Patna High Court CWJC No.15420 of 2023(3) dt.18-04-2026
                                                    3/3




                   put forward by the petitioner vis-a-vis the land in question.

                               6. Be that as it may, only a communication has been

                   made between the respondents in the year 2023 and there is

                   nothing on record further to show that pursuant thereto any step

                   has been taken.

                               7. If the petitioner has document to support his claim,

                   he can very well approach the Collector, West Champaran,

                   Bettiah (respondent no.02), if required so that after hearing the

                   parties he/she can take a decision in the matter.

                               8. With the aforesaid observation, the writ petition is

                   disposed of.



                                                 (Rajiv Roy, J)
Ravi/-

U


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