Patna High Court
Hari Kishor SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
Holding
The court held that the petitioner must first file a fresh representation before the Collector, who will then consider the matter and order the vacating of the encroached land within three months.
Summary
Hari Kishor Singh, allotted 18 decimals of land under the Baghmati Rehabilitation Scheme, possessed 16 decimals while the remaining two were allegedly encroached by private respondents Satyendra Singh and Shailendra Singh. He filed a writ petition seeking a mandamus directing the Executive Officer cum Rehabilitation Officer to provide the full allotted area and remove the encroachers. The respondents argued that the petition was filed after a twelve‑year delay and that the petitioner should seek relief under the Bihar Land Disputes Resolution Act, 2009. The court noted the earlier finding that the petitioner held 16 decimals and directed him to file a fresh representation before the Collector within two weeks, after which the Collector must consider the matter and issue a reasoned order to vacate the encroached land within three months. The application was consequently disposed of.
Issues considered
- Whether a writ of mandamus can be issued to compel the Rehabilitation Officer to provide the petitioner with the remaining two decimals of land.
- Whether the petitioner’s delay of twelve years bars relief and mandates recourse to the Bihar Land Disputes Resolution Act, 2009.
- Whether the petitioner is entitled to a direction for the removal of private encroachers under the rehabilitation scheme.
Subjects
- mandamus
- rehabilitation scheme
- land encroachment
- Bihar Land Disputes Resolution Act, 2009
- civil writ jurisdiction
- property rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20635 of 2021
======================================================
Hari Kishor Singh Son of Late Rambali Singh, Resident of Village-
Madhopur Sengahi, Ward No.12, P.O. Doskiyan, P.S. Piprahi, District-
Sheohar.
... ... Petitioner/s
Versus
1. The State of Bihar through Principle Secretary, Revenue and Land Reforms,
Bihar, Patna.
2. The District Magistrate, Sheohar.
3. The Sub Divisional Magistrate, Sheohar, District- Sheohar.
4. The Circle Officer, Piprahi, District- Sheohar.
5. The Executive Officer cum Rehabilitation Officer, Baghmati Division,
Sheohar.
6. Satyendra Singh Son of Late Bhola Singh, Resident of Village- Madhopur
Sengahi, Ward No.12, P.O. Doskiyan, P.S. Piprahi, District- Sheohar.
7. Shailendra Singh Son of Late Bhola Singh Resident of Village- Madhopur
Sengahi, Ward No.12, P.O. Doskiyan, P.S. Piprahi, District- Sheohar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Garg, Adv.
For the Respondent/s : Mr. AC to AAG-12
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL JUDGMENT
Date : 23-03-2026
Heard the learned counsel for the parties.
2. The present writ application has been filed for
issuance of a writ in the nature of mandamus for a direction to
Patna High Court CWJC No.20635 of 2021 dt.23-03-2026
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respondent No. 5 to provide the petitioner the total area of 18
decimals of Chak No. 22, which was allotted to him under
Baghmati Rehabilitation Scheme.
3. The learned counsel for the petitioner submits
that despite the acceptance of the authorities concerned that
out of 18 decimals of land given to the petitioner under the
aforesaid rehabilitation scheme, he was in possession over 16
decimals of land and the rest two decimals of land were
encroached by the private respondent Nos. 6 and 7 and a report
to such effect was also given by the Rehabilitation Officer,
Baghmati Pariyojna, Sheohar. It has further been submitted
that despite repeated requests and representations having been
made by the petitioner, till date no action has been taken and
the respondent Nos. 6 and 7 have illegal occupation over the
two decimals of land of the petitioner.
4. The learned AC to AAG-12 submits that the
petitioner has approached the authorities after almost twelve
years from the date of measurement, which was done way-
back in the year 2009. It has been submitted that the petitioner
has a remedy under the Bihar Land Disputes Resolution Act,
2009 and he may prefer an application under the same for
redressal of his grievances.
Patna High Court CWJC No.20635 of 2021 dt.23-03-2026
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5. Having heard the learned counsel for the
parties and taking into account the fact that there was a
previous finding of the Rehabilitation Officer with regard to
the petitioner being in possession over 16 decimals of land out
of 18 decimals which was allotted to him by the authorities
concerned, it is directed that if a fresh representation is filed by
the petitioner before the Collector, Sheohar within a period of
two weeks from today, the same shall be considered and
necessary steps for getting the lands vacated be taken by a
reasoned order within a period of three months from the date
of receipt/production of a copy of this order.
6. With the aforesaid observation/direction, the
application stands disposed of.
7. Interlocutory application(s), if any, also stands
disposed of accordingly.
(Sourendra Pandey, J)
Praveen-II/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 24/03/2026
Transmission Date N/A
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