Patna High Court
Mritunjay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed, directing the petitioner to approach the Circle Officer, Keshariya, for hearing and final decision.
Summary
The petitioner, Mritunjay Kumar, filed a writ petition seeking a mandamus directing various state authorities to enforce a 2019 order for cancellation of a land settlement and to remove encroachments on a Gairmajurwa land parcel. The petition also sought removal of encroachment from a public pathway. The respondents, including the State of Bihar and several officials, filed a counter‑affidavit stating that the land is classified as Gairmajurwa ‘Mokaridar’. The court noted that the petitioner could approach the Circle Officer, Keshariya, with a fresh petition for relief. The State counsel indicated that any such petition would be heard on its merits. Consequently, the writ petition was disposed, directing the petitioner to approach the Circle Officer, who must hear all parties and decide within six months.
Issues considered
- Whether the authorities are bound to comply with the 13‑02‑2019 order for cancellation of the land settlement.
- Whether a mandamus can be issued for removal of encroachment from the specified Gairmajurwa land.
- Whether the petitioner should seek relief from the Circle Officer instead of the High Court.
Subjects
- land settlement
- Gairmajurwa land
- encroachment
- mandamus
- writ jurisdiction
- public pathway
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1815 of 2026
======================================================
Mritunjay Kumar S/o- Shrikant Singh, R/o Village- Rampur, Khajuriya, Ward
no.- 3, P.S.- Dumariya Ghat, District - East Champaran, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, General Administration Department, Government
of Bihar, Patna.
3. The Principal Secretary, Revenue and Land Reforms Department,
Government of Bihar, Patna.
4. The District Magistrate, East Champaran, Bihar.
5. The Additional Magistrate, East Champaran, Bihar.
6. The Senior Superintendent of Police, East Champaran, Bihar.
7. The Superintendent of Police, East Champaran, Bihar.
8. The Sub-Divisional Officer, Chakiya, East Champaran, Bihar.
9. The S.H.O, Chakiya Police Station, East Champaran, Bihar.
10. The Circle Officer, Keshariya, East Champaran, Bihar.
11. Chandeshwar Singh, S/o Late Punyadev Singh, R/o Village- Rampur,
Khajuriya, Ward no.- 3, P.S.- Dumariya Nagar, District East Champaran,
Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Samir Kumar, Advocate
For the Respondent/s : Mr.Additional Advocate General (9)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 13-03-2026 Heard Mr.Samir Kumar, learned counsel for the
petitioner and the State.
2. The present petition has been preferred for the
following relief/s:
(i) to issue an order/s in the nature of
mandamus directing the respondent
Patna High Court CWJC No.1815 of 2026(3) dt.13-03-2026
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authorities to comply with the order dated
13.02.2019 passed by ADM, Motihari, Fast
Champaran passed in Zamabandi
Cancellation case no. 28/2017-18 by taking
further action of cancellation of land
settlement of Land settlement case no.
01/1995-96 of Gairmajurwa land;
(ii) for removal of encroachment from the
land having Khata no. 347, Khesra no. 695,
Rakba 11 Dec., situated at Mauza- Rampur
Khajuria, Thana no.35, which is a
Gairmajurwa land;
(iii) for the disposal of the application for
the removal of encroachment from the public
pathway being used by the petitioner and
others;
(iv) for any other relief/reliefs for which the
petitioner may be deemed entitled to..
3. The counter affidavit has come on behalf of the
Circle Officer, Keshariya and the land has been found to be
Gairmajurwa ‘Mokaridar’ (Gairmajurwa Malik).
4. Learned counsel for the petitioner submits that in
Patna High Court CWJC No.1815 of 2026(3) dt.13-03-2026
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that background, for his limited prayer/grievance, he shall be
approaching the Circle Officer, Keshariya, East Champaran with
fresh petition.
5. Learned State counsel submits that if any such
petition is filed, the same shall be heard on merit.
6. In that background, the writ petition is disposed of
allowing the petitioner to approach the Circle Officer,
Keshariya, East Champaran who shall be noticing/hearing all
the concerned parties and take final decision preferably within a
period of six months from the date the copy of the order is
received in his/her office.
(Rajiv Roy, J)
Ravi/-
U
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