Patna High Court
Niranjan SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The writ petition is dismissed as premature; the petitioner must seek remedy under the Bihar Land Dispute Resolution Act, 2009.
Summary
Petitioner Niranjan Singh alleged that the Circle Officer, Fatuha, allowed private persons to encroach on his land (Khata No.43, Plot No.69) and that this inaction, allegedly in connivance with the private respondents, disturbed his peaceful possession and caused mental distress. He filed a writ petition seeking relief against the arbitrary actions of the Circle Officer and other officials. The State contended that the grievance should be addressed under the Bihar Land Dispute Resolution Act, 2009 and that the writ petition was premature. The Court examined the submissions and held that the petitioner must approach the appropriate authority under the said Act for any relief. Consequently, the writ petition was disposed of without granting any relief.
Issues considered
- Whether the writ petition is maintainable when the grievance can be remedied under the Bihar Land Dispute Resolution Act, 2009.
- Whether the Circle Officer's alleged inaction constitutes arbitrary action justifying a writ of mandamus.
Subjects
- writ petition
- land encroachment
- administrative law
- premature petition
- Bihar Land Dispute Resolution Act, 2009
- Circle Officer
- peaceful possession
- mental distress
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17386 of 2021
======================================================
Niranjan Singh Son of Timal Singh, Resident of Village -Sotichak, Police
Station-Fatuha, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms,
Government of Bihar.
2. The Collector-cum-District Officer, Patna.
3. The Sub Divisional Officer, Patna City, Patna.
4. The Circle Officer, Fatuha, Patna.
5. Officer Incharge, Fatuha Police Station.
6. Surendra Prasad Singh, Son of Late Dronacharya Singh,
7. Santu Kumar, Son of Madan Mohan Singh,
Both are Resident of Village-Sotichak, Police Station-Fatuha, District-Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rabindra Kumar Priyadarshi, Advocate
Mr. Mohan Kumar Tiwari, Advocate
For the Respondent/s : Mr.Sajid Salim Khan (Sc25)
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 02-02-2026 Heard Mr. Rabindra Kumar Priyadarshi and Mr.
Mohan Kumar Tiwari, learned counsels appearing on behalf of
the petitioner and Mr. Sajid Salim Khan, learned SC 25 for the
State.
2. Petitioner has inter alia prayed for following reliefs
in the paragraphs No.1 of the writ petition:-
“That the present writ petition is being filed
against the arbitrary action of respondent authorities
particularly respondent no.3 and 4 who on the connivance
and guidance of private respondent adamant to demolish
the residential house of the petitioner which is situated at
Khata No.43 on Raiyti land of the petitioner.”
Patna High Court CWJC No.17386 of 2021(3) dt.02-02-2026
2/3
3. Learned counsel appearing on behalf of the
petitioner informs this Court that the petitioner is aggrieved by
inaction of the Circle Officer, Fatuha, who has illegally allowed
a piece of land, appertaining to Khata No.43, Plot No.69 to be
encroached by some private persons illegally, however, the
petitioner has not been affected by the said encroachment but
his grievance is that the government officials must act in
accordance with law. In the present case, the Circle Officer has
deliberately by not considering the grievance of the petitioner in
connivance with the private persons/respondents has disturbed
the peaceful possession of the petitioner and also the action of
the Circle Officer has affected the mental status of the petitioner,
which is required to be dealt with in accordance with law.
4. Per contra, learned counsel appearing on behalf of
the State informs that petitioner can avail remedy in accordance
with the provision of Bihar Land Dispute Resolution Act, 2009,
if such occasion arises as would appear from the pleadings and
information contained in the present writ petition and in absence
of any cause of action, the present writ petition is premature.
5. Having considered the rival submissions made on
behalf of the parties and the relief as prayed for in the present
writ petition, the petitioner can approach the appropriate
Patna High Court CWJC No.17386 of 2021(3) dt.02-02-2026
3/3
authority, as and when, he is aggrieved by any of the action of
the Circle Officer or the private respondents for being
considered in accordance with law.
6. The writ petition is, accordingly, disposed of.
(Purnendu Singh, J)
Sanjay/-
U
Checking your session…