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Patna High Court

Ajay SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that the matter is a private civil dispute and must be pursued before the Sub‑Divisional Magistrate or a civil court, and therefore dismissed the writ petition.

Summary

Petitioners Ajay Singh and Rani Devi sought a writ directing the State officials and two private respondents to remove an alleged illegal encroachment of 1,100 square feet on their share land in Mauza‑Chhatna. The State counsel argued that the dispute was purely between private parties and that the petitioners had earlier approached the Sub‑Divisional Magistrate (SDM) in a civil matter, which had issued a notice. The petitioners failed to explain the outcome of that SDM proceeding. The Court observed that the grievance is a civil dispute that should be resolved by the SDM or a civil court, not by a writ jurisdiction. Consequently, the writ petition was dismissed.

Issues considered

  • Whether the High Court has jurisdiction to entertain a writ petition for removal of an alleged private land encroachment involving state officials.
  • Whether a civil dispute between private parties can be redressed through writ jurisdiction.

Subjects

  • illegal encroachment
  • share land
  • writ jurisdiction
  • civil dispute
  • private parties
  • jurisdictional limitation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.20828 of 2025
                 ======================================================
           1.     Ajay Singh S/o- Late Krishna Prasad, Resident of village- Jhainchak, P.S. -
                  Parsa Bazar, District- Patna.
           2.    Most. Rani Devi, W/o Late Santosh Kumar, Resident of village- Jhainchak,
                 P.S. - Parsa Bazar, District- Patna.
                                                                           ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Circle Officer, Phulwarisharif, Patna.
           3.    The Local Revenue Clerk, Phulwarisharif, Patna.
           4.    The Station House Officer of Parsa Bazar Police Station, Patna.
           5.    Sunny Kumar, S/o Late Awadhesh Singh, Resident of village- Jhaichak, P.S.
                 - Parsa Bazar, District- Patna.
           6.     Rauky Kumar, S/o- Late Awadhesh Singh, Resident of village- Jhaichak, P.S.
                  - Parsa Bazar, District- Patna.
                                                                        ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Vijay Kumar Sinha, Advocate
                 For the Respondent/s   :        Mr. Manoj Kumar Ambastha, SC-26
                                                 Mr. Santosh Kumar Mishra, AC to SC-26
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   08-01-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for issuance of an appropriate the

                                            writ/writs/order/orders commanding/directin

                                            g respondents (1"Set) to remove the illegal

                                            encroachment made by the respondents (2

                                            Set) of the area of 110 sfi. x 10 sft. =1100 Sft.

                                            land from the share land of the petitioners

                                            situated in Mauza- Chhatna (Jhainchak),

                                            Thana No.- 84, Khata No. 253, Survey Plot
         Patna High Court CWJC No.20828 of 2025(2) dt.08-01-2026
                                                    2/2




                                           No.     648,     Circle   Office-Phulwarisharif,

                                           Patna in the light of the Letter No. 2217

                                           dated 25.04.2025 issued by the Circle

                                           Officer, Phulwarisharif, Patna the Annexure-

                                           P-7 of the petition.

                                3. At the outset, learned State counsel submits that

                   there is dispute between the private parties for which earlier the

                   petitioners moved before the learned Sub-Divisional Magistrate,

                   Patna Sadar in Case No. 454(M) of 2025 (Ajay Singh vs.

                   Sunny Kumar & Ors.) and the learned S.D.M also issued

                   notice (Annexure-P/8 to the petition)

                                4. Upon query, learned counsel for the petitioner has

                   not provided any information whatsoever as to what happened

                   to the said proceeding.

                                5. Admittedly, the dispute is between the private

                   individuals, the petitioner rightly approached the learned

                   S.D.M., Patna Sadar, Patna allowing him to pursue the said

                   remedy and/or knock the doors of the competent Civil Court,

                   the writ petition is disposed of.



                                                 (Rajiv Roy, J)
Ravi/-
U


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