Patna High Court
Purnima DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court disposed of the writ petition, directing the petitioners to file a fresh representation before the Circle Officer, Bihta, with supporting documents.
Summary
Petitioners Purnima Devi and Pramod Sharma filed a writ petition seeking mandamus to halt a forced land acquisition and to remove a boundary wall constructed on their joint land measuring 19 decimals. They claimed the authorities had acted without proper representation. The State counsel argued that the petitioners must file a fresh representation with all relevant documents before the Circle Officer, Bihta. The Court held that the petition could not proceed in its present form and directed the petitioners to approach the Circle Officer with a fresh petition and supporting documents. After such hearing, the matter would be taken to its logical conclusion. Consequently, the writ petition was disposed of with the observation that the petitioners must first seek redress through the appropriate administrative channel.
Issues considered
- Whether a writ of mandamus can be issued to compel the removal of a boundary wall and halt forced acquisition of joint land without a fresh representation before the Circle Officer.
- Whether the petitioners are required to file a fresh representation with supporting documents before the Court can entertain the writ petition.
Subjects
- writ of mandamus
- land acquisition
- boundary wall
- joint land
- Patna High Court
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17511 of 2019
======================================================
1. Purnima Devi Wife of Late Shankar Sharma Resident of Village
Vishambharpur, P.S.- Bihta, District- Patna.
2. Pramod Sharma @ Pramod Mistri Son of Satish Vishwakarma @ Satish
Sharma Resident of Village Vishambharpur, P.S.- Bihta, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary land Reform,
Bihar, Patna.
2. The District Magistrate Patna.
3. The Deputy Collector Land Reform Department, Patna.
4. The Circle Officer Bihta, Patna.
5. The Block Development Officer Bihta, Patna.
6. The Station House Officer Police Station Bihta, Patna.
7. The Land Acquisition Officer South Bihar Power Distribution Company
Limited Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinay Kumar Mishra, Advocate
For the Respondent no.7 : Mr.Vivek Prasad, Advocate
For the State : Mr. Rishi Raj Sinha, SC-19
Mr. Pratyush Kumar, AC to SC-19
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 13-01-2026 Heard Mr. Vinay Kumar Mishra, learned counsel for
the petitioner and the State.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of writ of Mandamus
Commanding the respondent authority are
forcibly acquired and boundary Wall
constructed in the Joint land of the
Patna High Court CWJC No.17511 of 2019(3) dt.13-01-2026
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petitioners bearing Khata No- 101, Plot No
1029 Thana No-57 situated in Mauza
Bishanpur, Bihta measuring an area 19
decimals;
(ii) for issuance of writ of Mandamus
Commanding the respondent authority to
remove the constructed boundary Wall of the
Joint land of petitioners;
(iii) for issuance of such other writ or order
or direction which may deem fit and proper
for consideration of this case.
3. Learned counsel for the petitioners submit that it
will suffice if his representation before the Circle Officer, Bihta
is considered and appropriate order is passed.
4. Learned State counsel submits that the petitioners
need to file a fresh representation/petitioner alongwith the all
the relevant documents.
5. In that background, the writ petition is disposed of
allowing the petitioners to approach the respondent no.4, the
Circle Officer, Bihta, Patna alongwith the fresh
petition/supporting documents who shall be taking up the matter
and after hearing all the parties shall be taking the same to its
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logical conclusion.
6. The writ petition stands disposed of with the
aforesaid observation.
(Rajiv Roy, J)
Ravi/-
U
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