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Patna High Court

Chandrma PandeyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the remedy lies in directing the District Magistrate-cum-Collector to investigate the alleged illegal encroachment and, if confirmed, to provide compensation, rather than issuing a writ of prohibition.

Summary

The petitioner, Chandrma Pandey, alleged that various state authorities illegally excavated soil from his land and constructed a road on the encroached portion without his permission. He sought a writ of prohibition, removal of the encroachment, compensation for loss, and an injunction against further unauthorized use of his land. The court examined the petition and noted that the grievance pertained to alleged illegal acts by administrative officials, which are ordinarily within the domain of the District Magistrate-cum-Collector. It held that the appropriate remedy is for the District Magistrate to conduct an inquiry, either personally or through a team of officers not below the rank of Deputy Collector, and to take corrective action if the allegations are substantiated. The court further directed that any compensation due to the petitioner be paid within six weeks of the order. Accordingly, the writ petition was disposed of with the above directions.

Issues considered

  • What relief, if any, is appropriate for alleged illegal encroachment and soil removal from the petitioner's land by state authorities?
  • Whether a writ of prohibition should be issued to restrain the respondents from further interference with the petitioner's property rights?
  • Whether the administrative authority should be directed to compensate the petitioner for loss and harassment caused by the alleged illegal acts?

Subjects

  • land encroachment
  • illegal road construction
  • writ of prohibition
  • compensation
  • land acquisition
  • property rights
  • Bihar land reforms

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.20503 of 2025
                 ======================================================
                 Chandrma Pandey S/o Late Ravindra Pandey, Resident of Village and P.O.-
                 Mothaha, P.S.- Marhoura, District- Saran, Bihar.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Director, Department of Revenue and Land Reforms, Govt. of Bihar,
                 Patna.
           3.    The Collector Cum District Magistrate, Chapra, Saran.
           4.    The District Panchayati Raj Officer, Chapra, Saran.
           5.    The Block Panchayati Raj Officer, Marhoura, Chapra, Saran.
           6.    The Block Development Officer Marhoura, Chapra, Saran.
           7.    The Sub-Divisional Officer Marhoura, Chapra, Saran.
           8.    The Circle Officer, Marhoura, Chapra, Saran.
           9.    The SHO, Gaura, Marhoura, Chapra, Saran.
           10. The Mukhiya Panchayati Raj Mothaha Rampur, P.S.- Marhoura, Chapra,
               Saran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Vitesh Kumar Singh, Advocate
                 For the Respondent/s   :      Standing Counsel (10)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   06-01-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and the 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 direction to the respondent
                                authorities to remove the encroachment including the
                                road constructed by them on the admitted land of the
                                petitioner in his absence and to refill the land of the
                                petitioner from which the soil was taken by the
Patna High Court CWJC No.20503 of 2025(2) dt.06-01-2026
                                           2/3




                       authorities concerned without the permission of the
                       petitioner.

                                  ii. For issuance of a writ in the nature of
                       prohibition restraining the respondent authorities
                       from interfering with the right, title and possession of
                       the petitioner over the land in question.

                                   iii. To direct the concerned respondent
                       authorities to compensate the loss accrued to the
                       petitioner due to illegal and high handed act of the
                       authorities and also directing to pay heavy damage
                       and cost for undue harassment caused to the
                       petitioner.

                                  iv. To restrain the concerned respondent
                       authorities from using the land in question of the
                       petitioner without adopting any procedure of land
                       acquisition and payment of the entire compensation
                       etc. in accordance with law.

                                  v. Any other relief or reliefs to which the
                       petitioner is entitled.”

                      3. Learned counsel appearing on behalf of the

          petitioner seeks to file a detailed representation before the

          District Magistrate-cum-Collector, Saran at Chapra for the

          relief(s) as prayed for in the present writ petition.

                      4. The District Magistrate-cum-Collector, Saran at

          Chapra must take action forthwith after inquiring into the matter

          himself or by constituting a Team of Officers not below the rank

          of Deputy Collector and take necessary action in respect of the

          alleged grievance of the petitioner that soil has been illegally

          dug from the land of the petitioner and some part of the land
        Patna High Court CWJC No.20503 of 2025(2) dt.06-01-2026
                                                   3/3




                  has also been used in construction of the road.

                              5. If District Magistrate-cum-Collector, Saran at

                  Chapa finds that the petitioner has been affected by the alleged

                  illegal action of the authorities concerned, appropriate action

                  must be taken ensuring that the petitioner is duly compensated

                  well within a period of six weeks from the date of

                  communication of this order.

                              6. With the above observation/direction, the present

                  writ petition stands disposed of.



                                            (Purnendu Singh, J)
chn/-

U


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