Patna High Court
Usha DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed, directing the petitioner to approach the Collector with the decree and related documents for a final resolution.
Summary
The petitioner, Usha Devi, claimed ownership of a 50-decimal plot of land in Manakpur, Nawada, which had been settled in her favour in Title Suit No. 266 of 2016. She alleged that the Executive Engineer of the Road Construction Department had forcefully encroached upon the land and sought writs directing the removal of the encroachment and protection of her possession. The State counsel argued that the appropriate remedy was to approach the Collector of Nawada, who could consider the matter administratively. The Court held that the writ petition could not be entertained directly and directed the petitioner to approach the Collector with the relevant documents, including the decree from the title suit. Consequently, the petition was disposed, with the expectation that the Collector would resolve the dispute by 30 June 2026.
Issues considered
- Whether a writ can be issued directing the removal of encroachment by a government department on land already adjudicated by a civil court
- Whether the petitioner must first approach the administrative authority (Collector) before seeking judicial relief
Subjects
- land encroachment
- writ petition
- civil decree
- administrative remedy
- public works department
- property rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21015 of 2025
======================================================
Usha Devi Wife of Deepak Kumar @ Deepak Baranwal Resident of Village-
Ward No.- 9, Warisaliganj, District- Nawada, (Bihar)- 805130.
... ... Petitioner/s
Versus
1. The State of Bihar through Collector, Nawadah.
2. The Collector, Nawada.
3. The Anchal Adhikari, Warisaliganj, P.S.- Warisaliganj, District- Nawada.
4. The Chief Engineer, P.W.D. (Road Construction Department), at Gaya.
5. The Executive Engineer, P.W.D. (Road Construction Department), at
Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aditya Nath Jha, Advoacate
For the Respondent/s : Mr. Government Pleader (10)
Mr. Satya Vrat, AC to GP-10
======================================================
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/
writs, directing the respondents to remove
encroachment made by P.W.D. (Road Construction
Department) Nawada, upon petitioner's land bearing
Khata No. 926 plot no. 3318.
(ii) For issuance of an appropriate writ/
writs, directing the respondents for not disturbing
petitioner's possession over the land which has been
decided by competent civil court.
(iii) For grant of any other relief / reliefs
for which petitioner will be find entitled by the
Hon'ble Court.”
3. The matter relates to plot no. 3318 (area 50 decimal
situated in Village-Manakpur, P.S. Warsaliganj, Nawada) which
Patna High Court CWJC No.21015 of 2025(2) dt.12-01-2026
2/2
the petitioner claims to have been settled by the ex-landlord and
the same has also gone in his favour in Title Suit No. 266 of 2016.
However, the same has been forcefully encroached by the
respondent Executive Engineer, Road Construction Department,
Nawada.
4. Learned State counsel submits that if the petitioner
approaches the Collector, Nawada (respondent no. 2), it will be
taken up for consideration and appropriate order shall be passed.
5. The writ petition stands disposed of allowing the
petitioner to approach the Collector, Nawada alongwith all the
documents including the order passed in Title Suit No. 266 of
2016 who shall be hearing the parties including the Executive
Engineer, Road Construction Department, Nawada and it is
expected that the matter will be taken to its logical conclusion by
30.06.2026.
6. The writ petition stands disposed of with the
aforesaid observation.
(Rajiv Roy, J)
Adnan/-
U
Checking your session…