Created by Fuzzy Cloud

Patna High Court

Bhikho SadaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition was dismissed; the court directed the petitioner to pursue the appropriate legal remedy.

Summary

Bhikho Sada filed a writ petition seeking a mandamus directing the State of Bihar to restrain several private respondents from encroaching on parcels of land recorded in the name of the deceased Bharosi Musahar, which Bhikho claims to be the sole legal owner and in possession of. The petitioner alleged that the private respondents were attempting to take over the lands covering various Khasras in Mauza Lalpur, Saharsa district. The court, after hearing counsel, advised the petitioner to pursue the appropriate legal remedy under the law rather than granting the writ. No substantive adjudication on the merits of the ownership claim was made. Consequently, the writ application was disposed of without any order of mandamus.

Issues considered

  • Whether the High Court can issue a writ of mandamus directing the State to restrain private respondents from encroaching upon the petitioner’s land

Subjects

  • land encroachment
  • mandamus
  • property rights
  • land reforms
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1583 of 2026
                 ======================================================
                 Bhikho Sada Son of Late Bouku Sada, Resident of Village- Lalpur, Ward No.-
                 07, Post- Darhar, P.S.- Nauhatta, District- Saharsa, Bihar- 852123.

                                                                     ... ... Petitioner/s
                                              Versus
           1.    The State of Bihar through the Principal Secretary, Land Reforms,
                 Government of Bihar, Patna.
           2.    The Collector, at Saharsa, District- Saharsa.
           3.    The Superintendent of Police, at Saharsa, District- Saharsa.
           4.    The Deputy Collector Land Reforms, at Saharsa, District- Saharsa.
           5.    The Circle Officer, Nauhatta, District- Saharsa.
           6.    The S.H.O., Nauhatta Police Station, District- Saharsa.
           7.    Krityanand Yadav, Son of Ratilal Yadav Resident of Village- Naula, P.O.-
                 Darhar, P.S.- Nauhatta, District- Saharsa.
           8.    Anil Yadav, Son of Late Siya Prasad Yadav Resident of Village- Naula, P.O.-
                 Darhar, P.S.- Nauhatta, District- Saharsa.
           9.    Kailash Yadav, Son of Late Siya Prasad Yadav Resident of Village- Naula,
                 P.O.- Darhar, P.S.- Nauhatta, District- Saharsa.
           10. Pramod Yadav, Son of Late Damodar Yadav Resident of Village- Naula,
               P.O.- Darhar, P.S.- Nauhatta, District- Saharsa.
           11. Amod Yadav, Son of Late Damodar Yadav Resident of Village- Naula, P.O.-
               Darhar, P.S.- Nauhatta, District- Saharsa.
           12. Manoj Yadav, Son of Late Damodar Yadav Resident of Village- Naula, P.O.-
               Darhar, P.S.- Nauhatta, District- Saharsa.
           13. Shobhakant Yadav, Son of Late Dukha Yadav Resident of Village- Lalpur,
               P.O.- Darhar, P.S.- Nauhatta, District- Saharsa.
           14. Ashok Yadav, Son of Late Dukha Yadav Resident of Village- Lalpur, P.O.-
               Darhar, P.S.- Nauhatta, District- Saharsa.
           15. Ravin Yadav, Son of Gajendra Yadav Resident of Village- Lalpur, P.O.-
               Darhar, P.S.- Nauhatta, District- Saharsa.
           16. Nirmal Yadav, Son of Gajendra Yadav Resident of Village- Lalpur, P.O.-
               Darhar, P.S.- Nauhatta, District- Saharsa.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Jitendra Kumar Giri, Advocate.
                 For the Respondent/s   :       Government Advocate 5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   02-02-2026                    Heard learned counsel appearing on behalf of the
          Patna High Court CWJC No.1583 of 2026(2) dt.02-02-2026
                                                      2/2




                    petitioner and learned counsel for the State.

                                2. The petitioner in paragraph no. 1 of the present writ

                    petition has sought, inter alia, following relief(s), which is

                    reproduced hereinafter:-

                                                “1. That this is the writ petition being filed
                                    before this Hon'ble High Court on behalf of the aforesaid
                                    petitioner for issuance of a writ in the nature of
                                    "Mandamus" commanding and directing the state
                                    respondents hereinabove to restrain the private respondents
                                    hereinabove to encroach upon the lands bearing Cadastral
                                    Survey No. 333, measuring an area of 03 Katha-15 dhur
                                    and the lands bearing Khesra no. 571, measuring-an-area
                                    of 2 katha 15 dhur and being Khesra no. 572 measuring an
                                    area of 2 katha 05 dhur and other khesra being 573
                                    measuring an area of 8 katha 15 dhur and khesra being 574
                                    measuring an area of 12 katha 08 dhur, appertaining to
                                    Cadastral Survey Khata No. 77 which is recorded in the
                                    name of deceased namely Bharosi Musahar (died issueless)
                                    falling within mauza-Lalpur, Thana no. 61, Block-
                                    Nauhatta, District- Saharsa and upon the aforesaid lands
                                    the petitioner being sole legal owner has been in physical
                                    and cultivating possession since long before till today.”

                                3. In view of the above relief, learned counsel

                    appearing on behalf of the petitioner finds it proper that he will

                    advise the petitioner to avail remedy in accordance with law, as

                    and when the occasion so arises.

                                4. The writ application, accordingly, stands disposed

                    of.



                                                            (Purnendu Singh, J)
mantreshwar/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.