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Patna High Court

Jagdish TuduversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petition should be disposed by directing the petitioner to approach the Divisional Forest Officer, without granting a writ of mandamus.

Summary

Petitioner Jagdish Tudu filed a writ petition seeking a mandamus directing various state authorities not to take forcible possession of his Raiyati land, which had been settled in favor of his mother. He also sought an order restraining the Forest Range Officer from interfering with his peaceful possession. The petition alleged that the respondents were unlawfully attempting to occupy the land. The court examined the prayer for mandamus and noted that the grievance could be addressed through a representation before the Divisional Forest Officer. Accordingly, the court directed the petitioner to file a detailed representation with the Divisional Forest Officer and ordered the petition to be disposed without granting the writ.

Issues considered

  • Whether the respondents can lawfully take forcible possession of the petitioner's Raiyati land settled in favor of his mother.
  • Whether a writ of mandamus is an appropriate remedy to restrain the forest officials from interfering with the petitioner's possession.

Subjects

  • Raiyati land
  • forcible possession
  • mandamus
  • writ petition
  • forest department
  • Bihar
  • land settlement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.20925 of 2025
                 ======================================================
                 Jagdish Tudu Son of Shailendra Tudu, resident of Village-Kendua Jharna,
                 Police Station-Belhar, District-Banka.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of Land and
                 Revenue, Bihar, Patna.
           2.    The District Magistrate, Banka.
           3.    The District Forest Officer, Banka.
           4.    The Additional Collector, Banka.
           5.    The S.D.O., Banka.
           6.    The D.C.L.R., Banka.
           7.    The Circle Officer, Belhar, Banka.
           8.    The Forest Range Officer, Belhar, Banka.
           9.    The S.H.O., Belhar, Banka.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Chandan Kumar, Advocate.
                                                 Mr. Md. Fazle Karim, Advocate.
                 For the Respondent/s    :       Mr. Vijay Kumar Sinha, AC to AAG-7.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   13-01-2026                     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:-

                                                 “(A) For issuance of a writ of mandamus or any
                                    other appropriate writ, order or direction commanding the
                                    respondent authority to not to take forcible possession of
                                    petitioner's Raiyati land which was duly settled in favour of
                                    the petitioner's mother namely Gauri Devi bearing Khata
                                    No. 21,1, Khesra No. 707, 3024, Mouza- Raghunathpur,
                                    Anchal- Belhar, District- Banka 1 acre 10 decimal.
                                                 (B) For issuance of a writ of mandamus or any
          Patna High Court CWJC No.20925 of 2025(3) dt.13-01-2026
                                                     2/2




                                    other appropriate writ order or direction restraining the
                                    respondent No. 8, the Range Officer, Belhar to not to
                                    interfere in the peaceful possession and occupation of the
                                    petitioner's land which was duly settled in favour of his
                                    mother by the competent S.D.O., Banka.
                                                 (C) For grant of any other appropriate relief or
                                    reliefs for which the petitioner may be deemed entitled.”

                                3. Learned counsel appearing on behalf of the

                    petitioner submits that the petitioner seeks to file a detailed

                    representation before the Divisional Forest Officer, Banka for

                    redressal of his grievance as prayed for in the present writ

                    petition.

                                4. In view of the above, the petitioner, if so advised,

                    may file a detailed representation before the Divisional Forest

                    Officer, Banka who is directed to dispose of the same

                    expeditiously.

                                5. Accordingly, the writ petition stands disposed of.


                                                                (Purnendu Singh, J)

mantreshwar/-

U


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