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Patna High Court

Niranjan SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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


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