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Patna High Court

Dabalu Mahaldar @ W MahaldarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The relief sought is not covered by the earlier order, and the writ petition is dismissed.

Summary

The petitioner, a lessee of a government pond under Patta No. 62 dated 24‑06‑2023, filed a writ petition seeking multiple mandamus orders directing various state authorities to remove illegal encroachments, enforce his lease, and award compensation. He relied on a prior Patna High Court judgment (C.W.J.C. No. 9692 of 2015) that had directed periodic monitoring and removal of encroachments from water bodies. The court examined whether the relief sought in the present petition fell within the scope of that earlier order. It concluded that the present petition, which concerns a private lease and specific enforcement actions, is distinct and not covered by the earlier public‑interest direction. Consequently, the court directed the petitioner to approach the District Magistrate for appropriate remedy and dismissed the writ petition.

Issues considered

  • Whether the relief sought in the present writ petition is covered by the order dated 21‑07‑2023 in C.W.J.C. No. 9692 of 2015.
  • Whether the petitioner is entitled to mandamus directing state authorities to remove encroachments and enforce his lease over the government pond.
  • Whether the petitioner can claim compensation for loss and damages caused by alleged illegal encroachment.

Subjects

  • lease
  • government pond
  • encroachment
  • mandamus
  • fisheries
  • district magistrate
  • public water bodies
  • removal of encroachment

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2030 of 2026
                 ======================================================
                 Dabalu Mahaldar @ W Mahaldar Son of Late Ganga Mahaldar, Resident of
                 Village- Harchandpur, Post- Baraini, P.S.- Kahalgaon, District- Bhagalpur,
                 Bihar- 813222.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Principal Secretary, Department of Animal Husbandry and Fishery
                 Resource Department, Government of Bihar.
           3.    The District Magistrate, Bhagalpur.
           4.    The District Fisheries Officer, Bhagalpur.
           5.    The District Public Grievance Officer, Bhagalpur.
           6.    The Circle Officer, Khalgaon, District- Bhagalpur.
           7.    The Block Fisheries Cooperative Society, Kahalgaon, through its Managing
                 Director.
           8.    SHO, Khalgaon, Bhagalpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Ranjeet Choubey, Advocate.
                 For the Respondent/s   :      Addl. Advocate General (13)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   10-02-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and learned counsel for the State.

                               2. The petitioner in paragraph no. 1 of the present writ

                   petition has sought, inter alia, following relief(s), which is

                   reproduced hereinafter:-

                                               “[i] For issuance of an appropriate writ in the
                                  nature of Mandamus, and/or any other suitable writ order
                                  or direction, commanding the Respondent Authorities to
                                  take immediate and appropriate legal action against the
                                  illegal trespassers who have unlawfully encroached upon
                                  the Government pond (Pokhar) bearing Khata No. 222,
                                  Khesra Nos. 497 and 498, having a total area of 0.98 acre,
                                  situated in Mouza Harsonpur, P.S. Kahalgaon, which is
Patna High Court CWJC No.2030 of 2026(2) dt.10-02-2026
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                          lawfully in possession of the Petitioner under a valid lease
                          (Patta) and is being maintained and used by the Petitioner
                          for fishery purposes.
                                       [ii] For issuance of an appropriate writ/s,
                          order/s, or direction/s in the nature of Mandamus,
                          commanding the Respondent Nos. 4 and 6 to act strictly in
                          accordance with the order dated 29.07.2024 passed by the
                          District Public Grievance Officer, Bhagalpur, in Grievance
                          No. 422110106062403819.
                                       [iii] For issuance of an appropriate writ/s,
                          order/s, or direction/s in the nature of Mandamus, holding
                          and declaring that the Petitioner's lease (Patta) dated
                          24.06.2023, issued by the Kahalgaon Block Matsyajeevi
                          Sahyog Samiti Ltd., is valid and subsisting, and further
                          directing the Respondent Authorities to ensure the
                          petitioner’s peaceful possession and unhindered fishery
                          operations over the said Government pond.
                                       [iv] For issuance of an appropriate writ/s,
                          order/s direction/s in the nature of Mandamus to command
                          the Respondent Authorities to adhere with the direction
                          passed by this Hon'ble Court in Civil Writ Jurisdiction Case
                          No. 9692 of 2015.
                                       [v] For issuance of an appropriate writ/s,
                          order/s, or direction/s in the nature of Mandamus,
                          commanding the Respondent Authorities to consider and
                          dispose of the Petitioner's representations dated
                          10.05.2024, 12.06.2024, 25.10.2024, 19.12.2024, and
                          15.04.2025, and to take appropriate action upon the subject
                          matter thereof in accordance with law.
                                       [vi] For issuance of an appropriate writ/s,
                          order/s, or direction/s in the nature of Mandamus,
                          commanding the respondent authorities to assess and grant
                          adequate compensation to the petitioner for the loss and
                          damages suffered on account of the illegal encroachment,
                          filling up of the pond, and destruction of fisheries
                          infrastructure and raw materials, which occurred due to the
                          negligence, inaction, and lapses of the concerned officials.
                                       [vii] For issuance of an appropriate writ,
                          order/orders, direction/directions in favour of the Petitioner
                          as your Lordships may deem fit and proper in the facts and
                          circumstances of the case.”

                      3. Admitted case of the petitioner is that the petitioner

          is a lawful lessee of the government pond under Patta No. 62

          dated 24.06.2023 and is entitled to enjoy peaceful possession,

          use and occupation of the leased property for fisheries and allied

          activities. Petitioner is aggrieved of alleged interference by

          unauthorized persons or inaction on the part of the State
Patna High Court CWJC No.2030 of 2026(2) dt.10-02-2026
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          machinery. The petitioner in support of his claim has relied upon

          a judgment of this Court dated 21.07.2023 passed by a Division

          Bench in C.W.J.C. No. 9692 of 2015. Concluding Paragraph

          No.6 would be relevant in this regard, which is, inter alia,

          reproduced as under:

                                       “6. Having perused the material on record, the
                          affidavits filed and the progress in removal of the
                          encroachment as is evident from the affidavits filed by the
                          District Magistrates, in the opinion of this Court,
                          considerable steps have been taken and efforts made in
                          removal of the encroachment. This Court hopes and expects
                          that steps taken by the authorities will be taken to its logical
                          conclusion and thus the instant application is being
                          disposed of with the following directions:-
                                       (i) The Circle Officers will prepare a chart
                          every three months in the format prescribed by this Court in
                          this case giving the total number of water bodies and the
                          total number of water bodies from which encroachments are
                          required to be removed and shall submit the same to their
                          respective District Magistrates on 1st of January, 1st of
                          April, 1st of July and 1st of October respectively.
                                       (ii) The District Magistrate shall personally
                          look into and monitor the matter and take all possible steps
                          in accordance with law for removal of the encroachments
                          from the water bodies.
                                       (iii)    The      Senior     Superintendent      of
                          Police/Superintendent of Police of the respective districts
                          shall provide adequate police force as and when
                          requisitioned by the authorities/Circle Officers for the
                          above purpose.
                                       (iv) It shall be the duty of the Circle Officers to
                          keep a watch that none of the water bodies are once again
                          encroached upon.”

                      4. Above direction was passed in the above writ

          petition in the nature of Public Interest Litigation seeking

          protection, maintenance and improvement of the public water

          bodies like the Pokhara, Talab, Jalkar, Aahar, Pain etc.

                      5. The nature of relief as sought for in the present writ

          petition is entirely different. Petitioner is a patta holder and
          Patna High Court CWJC No.2030 of 2026(2) dt.10-02-2026
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                    execution of the fisheries lease was issued to him vide Patta No.

                    62 dated 24.06.2023. The petitioner has brought on record the

                    Ekrarnama Patta by way of Annexure-2. The petitioner having

                    admitted that physical possession of the Jalkar was not handed

                    over to him by the District Administration, he again participated

                    in the auction and has given information to this Court that for

                    the Financial year 2024-25 also, the said Jalkar has been settled

                    in his favour which is in the name of Kahalgaon Prakhand

                    Matasyajivi Sahyog Samiti Limited.

                                6. I find that the nature of the present writ petition in

                    view of the relief as sought for is not covered by the order dated

                    21.07.2023 passed in C.W.J.C. No. 9692 of 2015.

                                7. The petitioner, if so desires, may avail appropriate

                    remedy before the District Magistrate before whom he has

                    already represented on 27.05.2024 which requires efficacious

                    disposal.

                                8. The writ petition, accordingly, stands disposed of.



                                                            (Purnendu Singh, J)
mantreshwar/-

U


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