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Patna High Court

Bipin Bihari SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed with the observation that the petitioner must approach the Sub‑Divisional Magistrate within four weeks and the matter shall be taken to its logical conclusion in accordance with law.

Summary

Petitioner Bipin Bihari Singh filed a writ petition seeking directions for authorities to dispose of his earlier petitions concerning land measurement, removal of encroachment, and protection of life and property under Sections 144/145 CrPC. He alleged that despite multiple representations to the Sub‑Divisional Officer and Circle Officer, no action was taken. The State counsel argued that the petitioner should first approach the Sub‑Divisional Magistrate, who can then adjudicate the matter. The Court held that the petitioner must approach the Sub‑Divisional Magistrate within four weeks and allow the matter to be taken to its logical conclusion in accordance with law. Consequently, the writ petition was disposed with that observation.

Issues considered

  • Whether the High Court can direct administrative authorities to dispose of pending petitions within a stipulated time.
  • Whether the Court can order measurement of the land and removal of encroachment.
  • Whether the Court can direct action under Sections 144/145 of the Criminal Procedure Code for protection of life and property.
  • Whether the petitioner must first approach the Sub‑Divisional Magistrate before filing a writ petition.

Legislation cited

Subjects

  • writ petition
  • land encroachment
  • land measurement
  • Section 144
  • Civil writ jurisdiction
  • Administrative law
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.21003 of 2025
                 ======================================================
                 Bipin Bihari Singh Son of Late Uday Prasad Singh, Resident of village-
                 Chatra, Post Office- Chhitni, Police Station - Dawath, District- Rohtash
                 (Sasaram) Bihar 802211.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The District Magistrate cum Collector, Rohtas at Sasaram.
           3.    The Superintendent of Police, Rohtas at Sasaram.
           4.    The Additional District Magistrate cum Collector, Rohtas at Sasaram.
           5.    The Sub Divisional Officer, Bikramganj, District- Rohtas at Sasaram.
           6.    The Circle Officer, Dawath, District- Rohtas at Sasaram.
           7.    The S.H.O. Dawath Police Station, District- Rohtas at Sasaram.
           8.    Krishna Prasad Singh @ Krishna Singh Son of Late Jamuna Prasad Singh,
                 Resident of Village- Chatra, Post Office- Chhitni, Police Station - Dawath,
                 District- Rohtash, Bihar 802211.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Kundan Kumar, Advocate
                                               Mr. Suman Kumar, Advocate
                 For the Respondent/s   :      Mr. Narendra Kumar Singh, AC to GP-22
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   12-01-2026                   Heard the parties.

                                 2. The present petition has been preferred for the

                   following relief(s):

                                              “I. For Issuance of an appropriate writ,

                                    order or direction directing respondent authorities

                                    to dispose of the petitioner's petitions dated

                                    10.10.2023, 19.07.2023 and 03.09.2025 within a

                                    stipulated time in accordance with law;
Patna High Court CWJC No.21003 of 2025(2) dt.12-01-2026
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                                      II. Direct the Circle Officer, Dawath to

                          conduct measurement of the land in question

                          (Khata No. 47/45, Khesra Nos. 399 & 685, Area 18

                          Kattha)      and       take     steps   for   removal   of

                          encroachment by respondent no. 6;

                                      III. Direct the S.D.O., Bikramganj to take

                          necessary action under Section 144/145 Cr.P.C. to

                          protect the life and property of the petitioner;.

                                      IV. For any other relief for which the

                          petitioner may be deemed entitled too.”

                      3. Learned counsel for the petitioner submits that

          despite several petitions/representations before respondent no. 5

          and 6 namely the Sub-Divisional Officer, Bikramganj, Rohtas as

          also the Circle Officer, Dawath, Rohtas, no outcome has come

          forcing him to file this writ petition.

                      4. Learned State counsel submits that if a proper

          petition is preferred before the Sub-Divisional Magistrate,

          Bikramganj, Rohtas (respondent no. 5), he/she shall be taking

          the matter to its logical conclusion in accordance with law.

                      5. Accepting the words of learned State counsel, the

          petitioner is allowed to approach the concerned respondent no.

          5, the Sub-Divisional Magistrate, Bikramganj, Rohtas in next
          Patna High Court CWJC No.21003 of 2025(2) dt.12-01-2026
                                                     3/3




                    four weeks and it is directed that the same be taken to its logical

                    conclusion, in accordance with law, after hearing all the parties.

                                6. The writ petition stands disposed of with aforesaid

                    observation.



                                                  (Rajiv Roy, J)
Adnan/-

U


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