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Patna High Court

Ishwar MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed because the reliefs sought are civil matters that must be pursued before a competent civil court.

Summary

The petitioners, three landowners from Village Jota, Gaya, filed a writ petition in the Patna High Court seeking the removal of a waste processing unit constructed on their raiyati land and compensation for alleged illegal retention of the land by various state authorities since 2023. They alleged that the unit was funded by the Panchayat Raj and that the respondents, including the State of Bihar and several departmental officials, were responsible for the encroachment. The petitioners requested the court to direct the removal of the unit, award compensation, and grant any other appropriate reliefs. The court examined whether the nature of the relief sought fell within the jurisdiction of a writ petition under the Constitution. It held that the reliefs sought are civil matters that must be pursued before a competent civil court with appropriate jurisdiction. Consequently, the writ petition was dismissed as the appropriate remedy lies in a civil suit, and the petition was disposed of.

Issues considered

  • What is the appropriate forum for seeking removal of an encroaching waste processing unit and compensation for alleged illegal land retention?

Subjects

  • writ petition
  • civil remedy
  • land encroachment
  • Panchayat Raj
  • jurisdiction
  • compensation
  • High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1710 of 2026
                 ======================================================
           1.     Ishwar Mahto Son of Late Jago Mahto,
           2.    Upendra Kumar, Son of Ishwar Mahto,
           3.    Praveen Kumar, Son of Subhash Prasad and grandson of Radha Devi, All are
                 resident of Village-Jota, P.S.-Atri, P.O. Seotar, District-Gaya.

                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Chief Secretary Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Panchayat Raj Department, Government of
                 Bihar, Patna.
           3.    The Director Panchayat Raj Department, Government of Bihar, Patna.
           4.    The Special Secretary Panchayat Raj Department, Government of Bihar,
                 Patna.
           5.    The District Magistrate, Gaya.
           6.    The District Panchayat Raj Officer, Gaya.
           7.    The Sub Divisional Magistrate, Neemchak Bathani, Gaya.
           8.    The District Programme Officer, Gaya.
           9.    The Block Development Officer, Mohra, Gaya.
           10. The Circle Officer, Mohra, Anchal Mohra, Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Satya Veer, Advocate
                 For the Respondent/s   :      Mr. Saroj Kumar Sharma, AC to AAG 3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   05-02-2026                   Heard Mr. Satya Veer, learned counsel appearing on

                   behalf of the petitioners and Mr. Saroj Kumar Sharma, learned

                   AC to AAG 3 for the State.

                               2. Petitioners have inter alia prayed for following

                   reliefs in the paragraphs No.1 of the writ petition:-

                                              “(I) For directing respondent authorities to
                                  remove waste process unit (made under fund of panchyat
                                  raj) from the raiyati land of petitioners.
           Patna High Court CWJC No.1710 of 2026(2) dt.05-02-2026
                                                       2/2




                                                 (ii) Also for order to compensate the petitioners
                                     due to their land was illegally retained under the
                                     respondent authorities since 2023 to till date.
                                                 (iii) Also for any other appropriate reliefs to
                                     which the petitioners are found entitled to either in the eye
                                     of law or in the facts and circumstances of the case.”

                                 3. Considering the nature of relief as prayed for in the

                     present writ petition, the petitioners may avail remedy before

                     the competent civil court, having jurisdiction.

                                 4. The writ petition is, accordingly, disposed of.



                                               (Purnendu Singh, J)
Sanjay/-

U


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