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Patna High Court

Rahman @ Rahman HazamversusThe State of Bihar

Decided
Disposal
DISPOSED

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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