Patna High Court
Dabalu Mahaldar @ W MahaldarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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
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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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