IndiaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1633 of 2025
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           1.     The Union of India through the Defence Estate Officer, Jharkhand and Bihar
                  Circle, Danapur Cantonment.
           2.    The Defence Estate Officer, Jharkhand and Bihar Circle, Danapur
                 Cantonment.
           3.    The Station Head-cum-Colonel, 15 Jat Regiment, Indian Army, Muzaffarpur.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of Revenue
                 and Land Reforms, Government of Bihar, Patna.
           2.    The Director, Department of Revenue and Land Reforms, Government of
                 Bihar, Patna.
           3.    The District Magistrate-cum-Collector, Muzaffarpur.
           4.    The Deputy Collector Land Reforms, Muzaffarpur.
           5.    The Circle Officer, Mushahari, Muzaffarpur.
           6.    Dr. Lok Shakti Son of Hind Keshari Yadav, Resident of Race Course
                 Chakkar Maidan, Near Prabhat Tara School, Ward No. 10, P.S Kazi
                 Mohammadpur, District- Muzaffarpur.
           7.    Kamla Pati, Son of Ravindra Nath Sharma, Resident of Achuara, Barh,
                 District- Patna and at present resident of Gobarsahi Chowk, Railway Gumti
                 No. 04, P.S. Sadar Muzaffarpur, District- Muzaffarpur.

                                                           ... ... Respondent/s
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                 Appearance :
                 For the Petitioner/s    :       Mr. Amarendra Nath Verma, Adv.
                 For the State           :       Mr. Prabhat Kumar (AC to GA 11)
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                 CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR
                                       ORAL ORDER

2   06-07-2026                      Heard Mr. Amrendra Nath Verma, Advocate for

                   petitioners and Mr. Prabhat Kumar, Advocate, learned AC to GA

                   11 for the State.

                                 2. The petitioner in the present writ application has

                   prayed for following relief/reliefs :-

                                                (a). For issuance of a writs in the nature of
                                    certiorari quashing the order dated 25.01.2024 passed in
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                          Miscellaneous Case No. 01 of 2022 by the Collector,
                          Muzaffarpur whereby and where under the claim of local
                          residents including the private respondents 2nd set for use
                          of Army-land as road has wrongly been allowed thereby
                          virtually taking away from the petitioners their possession
                          on the subject-land continuing since acquisition in the year
                          1923 itself ?
                                       b. For directing the state-respondents in
                          general and the respondent no.3 in particular to enquire
                          into and upset the baseless entry in the revisional survey
                          recorded as "Gair Majarua Sarvasadharan, Kism-Rasta"
                          whereas the said land stood fenced by Army right since
                          acquisition wayback in the year 1923 after payment of
                          appropriate compensation not assailed by anyone till date.
                                       (c). For issuance of a writ of mandamus
                          directing the respondents first set to hold a detailed enquiry
                          with regard to the defence land appertaining to Thana
                          No.353, New Khata No. 635, New Khesra No.1346,
                          admeasuring 34 Decimal in Anchal: Mushahari, P.S.:
                          Sadar, Sub Division-East Muzaffarpur acquired for the
                          army in the year 1923 and for demarcating it for ensuring
                          closure of all disputes once and for all.
                                       (d). For undoing the petitioners' unnecessarily
                          and illegally relegating to the cumbersome and long-drawn
                          title suit before the jurisdictional civil court without title-
                          dispute.
                                       (e). For issuance of a writ of mandamus
                          restraining the respondents 2nd set and other local
                          residents from using the defence land so as to ensure safety,
                          security & privacy of the Army.
                                       (f). For further kind indulgence of this Hon'ble
                          Court to look into the matter and to direct the concerned
                          respondents to produce all connected records for perusal of
                          the Hon'ble Court facilitating an appropriate order as to
                          the subject land being the defence land used by Army.
                                       (g). For any other relief/reliefs that the Hon'ble
                          court may grant in the interest of the petitioners that may be
                          deemed appropriate and necessary in the special facts of
                          the case.”

                      3. In present writ application, the petitioner Union Of

          India and others, have filed a petition against the order dated

          25.01.2024, passed by the learned District Magistrate,

          Muzaffarpur in Miscellaneous Case No. 01 of 2022, whereby it

          was held that since the land in question belongs to Government
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                     of Bihar and shown as road in the khatian entry, therefore, the

                     administrative Commandant for station commander Chakkar

                     Maidan, Circuit Housing Board, Muzaffarpur was requested to

                     remove the pillar and barbed-wire fence from the land in

                     question.

                                 4. On being confronted, the learned counsel appearing

                     on behalf of the petitioners admitted that against the impugned

                     order, an appeal lies before the Divisional Commissioner, Tirhut

                     Division and prayed that liberty may be granted to avail such

                     remedy.

                                 5. Accordingly, the present writ application is

                     disposed of with liberty to the petitioner to avail the alternative

                     remedy of appeal before the Divisional Commissioner, Tirhut

                     Division, Muzaffarpur.




                                                (Vikash Kumar, J)

Ashwin/-

U