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Patna High Court

Purnima DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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
         Patna High Court CWJC No.17511 of 2019(3) dt.13-01-2026
                                                     3/3




                   logical conclusion.

                                6. The writ petition stands disposed of with the

                   aforesaid observation.



                                                 (Rajiv Roy, J)
Ravi/-

U


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