Patna High Court
Rahman @ Rahman HazamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is dismissed as the appropriate remedy lies with the Sub‑Divisional Magistrate.
Summary
Petitioner Rahman Hazam purchased a parcel of land (mauza Uchaila) and alleged that a private respondent (No.5) had illegally encroached on its south and west boundaries. He filed a writ petition seeking a mandamus directing the State officials and the private respondent to measure the land, remove the encroachment, and act according to law. The State counsel argued that the dispute is between the petitioner and the private respondent and should be addressed before the Sub‑Divisional Magistrate of the district. The Court observed that the Sub‑Divisional Officer is the appropriate authority to consider such matters after hearing both sides. Consequently, the writ petition was disposed of without granting any relief, directing the petitioner to approach the Sub‑Divisional Magistrate.
Issues considered
- Whether the High Court has jurisdiction to entertain a writ petition for removal of encroachment on privately owned land
- Whether the petitioner should approach the Sub‑Divisional Magistrate instead of filing a writ petition
Subjects
- land encroachment
- writ of mandamus
- civil writ jurisdiction
- jurisdiction
- measurement of land
- illegal encroachment
- sub‑divisional magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1769 of 2026
======================================================
Rahman @ Rahman Hazam Son of Nasruddin Hazam, Resident of village-
Dhaura, P.S.- Rohtas, District - Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The District Magistrate, Rohtas, Sasaram.
3. The Sub-Divisional Officer, Dehri, Rohtas.
4. The Circle Officer Rohtas, District- Rohtas.
5. Sudarshan Ram, Son of Late Dukdewan Ram, Resident of village-
Govindapur, P.S. Rohtas, District- Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Singh, Adv.
For the Respondent/s : Mr. Government Pleader (05)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 03-02-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
(i) To issue a writ in the nature of
Mandamus or any other appropriate writ/s,
order/s, directions/s for commanding the
respondents to measure the land vide mauza
Uchaila, Thana No. 688, Khata No. 251, Khesra
No. 886 area 3.03 dismal, Becauase the said
land has been purchased by petitioner from Md.
Mazhrul Haque through a registered sale deed
some part of the land has been encroached by
the private respondent no.5.
(ii) To direct the respondent to
remove the illegal encroachment toward the
Patna High Court CWJC No.1769 of 2026(2) dt.03-02-2026
2/2
south and west boundary of the said land which
was encroached by the private respondent
illegally.
(iii). To direct the respondent to act
accordance with law.
(iv). To award any other relief or
reliefs for which the petitioner is found entitled
in the facts and circumstances of the case.
3. Learned State Counsel has pointed out that the dispute
of the petitioner is with the respondent no. 5 and as such, he has to
move before the Sub-Divisional Magistrate of the said district.
4. Learned counsel for the petitioner submits that the
respondent no. 5 is repeatedly disturbing for which he shall be
approaching the respondent no. 3, the Sub-Divisional Officer, Dehri,
Rohtas.
5. If any petition is filed, the respondent no. 3, the Sub-
Divisional Officer, Dehri, Rohtas is duty-bound to look into the
matter and after hearing the parties, shall take a decision in the
matter.
6. The writ petition is disposed of with aforesaid
observation.
(Rajiv Roy, J)
Vijay Singh/-
U
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