Patna High Court
Ajay SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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