Patna High Court
Shambhunath ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is dismissed as the respondents' title under the revenue records is final and the petitioners have not established a legal right over the land.
Summary
The petitioners, three landowners, filed a writ petition seeking a mandamus directing the Circle Officer to halt construction on their ancestral land in Darbhanga, alleging lack of consent, illegal excavation, and seeking compensation. The respondents, including the State of Bihar and various district officials, contended that the land is recorded as government property in the revenue records (R.S. Khatiyan), that a No‑Objection Certificate had been issued, and that the petitioners have no legal title or possession. The petitioners also mentioned a pending restoration suit (Title Suit No. 34 of 2018) but did not provide a title. The court, after hearing the parties, recorded the facts and disposed of the writ petition, effectively rejecting the reliefs sought. No specific order to stop construction or award compensation was granted. The decision rests on the finality of the revenue records and the lack of a demonstrable title by the petitioners.
Issues considered
- Whether the petitioners have a legal right or title over the land to restrain the respondents from constructing on it.
- Whether the respondents, as government authorities, are bound to obtain consent or a No‑Objection Certificate before undertaking construction on the land.
- Whether the petitioners are entitled to compensation for excavation and crop destruction.
Legislation cited
Subjects
- writ petition
- mandamus
- government land
- R.S. Khatiyan
- construction
- compensation
- Bihar Tenancy Act
- public land
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15551 of 2025
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1. Shambhunath Choudhary Son of Late Bholanath Choudhary, Resident of
Village- Makrampur, Ramauli, P.O. and P.S.- Bahera, District - Darbhanga.
2. Bipin Kumar Chaudhary, Son of Ajit Chaudhary, Resident of Village-
Makrampur, Ramauli, P.O. and P.S.- Bahera, District - Darbhanga.
3. Ajeet Kumar Jha, Son of Ram Kalit Jha, Resident of Rajni Path, Near Manju
Sinha Smirti Park, P.C.Colony, P.S.- Sampatchak, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector, Darbhanga.
2. The District Magistrate, Darbhanga.
3. The Block Development Officer, Benipur, District- Darbhanga.
4. The Circle Officer, Benipur Circle, District- Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Adv.
For the Respondent/s : Mr. Standing Counsel (23)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 31-03-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
(i) For issuance of an order,
direction or writ including writ in the nature
of Mandamus for issuance of order/direction
to the respondents, specifically Respondent
number 4 The Circle Officer, Benipur Circle,
District-Darbhanga to stop the construction
work with immediate effect upon the
ancestral land of petitioners situated at
Mauza Purshottampur alias Makrampur,
having Khata number 80(old), 359(New)
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Plot number 685(old) 1076(New), area about
64 decimal 14 Katha and 13 dhur, in absence
of consent from petitioners or in absence of
compliance of due process of law in form of
acquisition.
(ii) For issuance of an order,
direction or writ including writ in the nature
of Mandamus commanding the respondents
to not to disturb peaceful possession of
petitioners without any document showing
issuance of No Objection Certificate with
respect to the subject property for initiation
of construction work upon the said property.
(iii) For issuance of an order,
direction or writ including writ in the nature
of Mandamus commanding the respondents
to compensate the petitioners against the soil
excavation made on their land as well as
against the destruction of the crops done by
the respondent authorities for carrying out
the construction work.
(iv) For the issuance of a
declaration that the respondent authorities
are not entitled to continue the construction
or excavation of land by JCB machine upon
the ancestral property of petitioners.
(v) For any other relief(s) to which
the petitioner may be found entitled in the
facts and circumstances of the present case.
3. A counter affidavit has come on behalf of the
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respondent nos. 2 to 4 and learned State Counsel has taken this
Court to paragraph 10 to 15 of its reply which read as under:
10. That the statement made in
Para-6 of the writ petition it is stated that
the C.S. Khatiyan is not available in Anchal
Office to verify the statement of the
petitioner.
11. That the statement made in
Para-7 of the writ petition it is stated that
the respondents have no knowledge about
the alleged Sale Deed. Further no one had
right to Sell or purchase the public land.
12. That the statement made in
Para-8 of the writ petition it is stated that
the petitioners had no interest with the land
in question, hence they did not adopted
recourse available under' Bihar Tenancy
Act. Even they filed Title Suit in Civil Court
very delayed and it was also dismissed in
want of Prosecution. It shows that the
petitioners have not interest and possession
over the land in question. It is further
submitted R.S. Entry is final and binding
upon all.
13. That the statement made in
Para-9 of the writ petition comment.
requires no comment.
14. That the statement made in
Para-10 of the writ petition it is stated that
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the land is recorded as Anabad Bihar
Government in R.S. Khatiyan. R.S. Khatiyan
is final and binding.
15. That the statement made in
Para-11 of the writ petition it is stated that
the land is recorded in the name of Bihar
Sarkar and it was found suitable for
construction of Panchayat Sarkar Bhawan
and hence NOC was issued by Circle Officer
and construction has been started.
4. Learned counsel for the petitioner submits a
restoration petition has been filed in the Title Suit No. 34 of
2018 before the Competent Civil Court and they shall ensure
that the same is taken to its logical conclusion. Further, in the
light of the counter affidavit filed on behalf of the respondents,
appropriate steps shall also be taken to approach the appropriate
revenue authority.
5. Recording the aforesaid facts and allowing the
petitioner to act in accordance with law, the writ petition is
disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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