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