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Patna High Court

Vishwajeet Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that the writ petition is not the proper forum and directed the petitioners to approach the Collector, Begusarai, for appropriate relief.

Summary

Petitioners Vishwajeet Kumar Singh and Hare Ram Singh filed a writ petition in the Patna High Court seeking a mandamus directing the District Magistrate and Municipal Commissioner of Begusarai to remove a road constructed by the Municipal Corporation on land they claim is private, without any notice or acquisition. They also sought a declaration that the land is private and that construction without acquisition is unlawful. The State counsel argued the road was built in 2013-14 and the petitioners only recently became aware of it. The Court held that the appropriate remedy lies with the Collector of Begusarai and disposed of the writ petition, directing the petitioners to approach the Collector with relevant documents for a decision by 30 June 2026.

Issues considered

  • Whether the road constructed by the Municipal Corporation on the petitioners' land constitutes illegal encroachment.
  • Whether the petitioners are entitled to a writ of mandamus directing removal of the encroachment.
  • Whether a declaration that the land is private and cannot be built upon without acquisition is warranted.

Subjects

  • encroachment
  • mandamus
  • land acquisition
  • municipal corporation
  • private land
  • high court
  • petition disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.21019 of 2025
                 ======================================================
           1.     Vishwajeet Kumar Singh Son of Hare Ram Singh, resident of Flat No. 158,
                  DDA Flats, Pocket-1, Opposite Shiksha Bharti Schoole, Sector-9, Dwarka,
                  South West Delhi-110075 and resident of Village- Ramdiri, Labharchak,
                  Piprati, Ward No. 18, District-Begusarai, Pin- 851129
           2.    Hare Ram Singh son of late Nunu Babu Singh, resident of Village- Ramdiri,
                 Labharchak, Piprati, Ward No. 18, District- Begusarai, Pin-851129

                                                                                ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Revenue and
                 Land Reforms Department, Government of Bihar, Patna
           2.    Additional Chief Secretary, Revenue and Land Reforms Department,
                 Government of Bihar, Patna
           3.    District Magistrate, Begusarai
           4.    Municipal Commissioner, Municipal Corporation, Begusarai
           5.    Circle Officer, Begusarai
           6.    Anchal Amin, Begusarai

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Raushan, Advocate
                                                  Mr. Sahil Kumar, Advocate
                 For the Respondent/s   :         Mr. Additional Advocate General (12)
                 ======================================================
                 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) Issuance of a direction, order or writ,

                                    including writ in the nature of mandamus

                                    commanding the concerned respondent authorities

                                    primarily     District    Magistrate,      Begusarai        &

                                    Municipal Commissioner, Begusarai to remove the
Patna High Court CWJC No.21019 of 2025(2) dt.12-01-2026
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                          encroachment in the form of road constructed by

                          the Municipal Corporation, Begusarai on the

                          private land of the petitioners even without any

                          notice to the petitioners;

                                      (ii) Issuance of a declaration holding

                          that the land in question where the road has been

                          constructed       by    the     Municipal   Corporation,

                          Begusarai is the private land of the petitioner and

                          as such, without acquisition or such notification in

                          place construction cannot have be done on the

                          private land of the petitioner;

                                      (iii) Any other relief that the petitioner

                          may be found to be entitled to in the facts and

                          circumstances of the present case.”

                      3. At the outset, learned State counsel submits that the

          petitioners are agitating the matter about the road construction

          that took place in the year 2013-14 as per their own averment.

                      4. Learned counsel for the petitioners submit that they

          remain outside and came to know recently about the said

          development which followed his petition before the Collector,

          Begusarai (annexure-5 series).

                      5. Learned State counsel submits that if a fresh
          Patna High Court CWJC No.21019 of 2025(2) dt.12-01-2026
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                    petition is preferred before the Collector, Begusarai, the same

                    shall be taken to its logical conclusion.

                                5. The writ petition stands disposed of, allowing the

                    petitioners to approach the Collector, Begusarai, along with all

                    relevant documents. The Collector, after hearing the parties, shall

                    pass an appropriate order in accordance with law. It is expected

                    that the matter shall 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


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