Patna High Court
Shatrudhan MishraversusState of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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
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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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