Patna High Court
Ghanshyam JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The petition was disposed, with the court directing the District Magistrate to verify the jamabandi and, if the petitioner is the rightful successor, to take appropriate action, without granting a mandamus at this stage.
Summary
The petitioner, Ghanshyam Jha, filed a writ petition seeking a mandamus directing the respondents to restore possession of his Khatiani raiyati land, which he alleges was illegally occupied by the Gram Panchayat Mukhiya and villagers who constructed an RCC road on the land without consent. He contended that the land, originally part of his late grandfather's family property, was transferred to his share through a family settlement, although the jamabandi remained in the name of his late uncle. The court noted that the petitioner had already approached the District Magistrate with a representation regarding the encroachment. Since the remedy of representation before the District Magistrate had been availed, the court disposed of the writ petition, directing the District Magistrate to call upon all affected parties, examine the revenue records, and, if the petitioner is found to be the rightful successor, to order demarcation and appropriate action. No writ of mandamus was issued at this stage.
Issues considered
- Whether the petitioner is entitled to a writ of mandamus for restoration of possession of the land encroached upon by the Gram Panchayat.
- Whether the family settlement confers title to the petitioner despite the jamabandi being in the name of his late uncle.
- Whether the District Magistrate can be directed to verify revenue records and order demarcation of the land.
Subjects
- land encroachment
- illegal road construction
- writ of mandamus
- family settlement
- revenue records
- jamabandi
- possession
- Gram Panchayat
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2163 of 2026
======================================================
Ghanshyam Jha S/o Late Indra Narayan Jha, permanent resident of village
and P.O. Thengaha, P.S. Sakatpur, Anchal - Tardih, District Darbhanga, and
presently residing at weaker section, house No. 11/125, P.O.- Lohianagar, P.S.
Kankarbag Patna 800020.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretory, Rural
Development Department, Bihar, Patna.
2. The Additional Chief Secretory Rural Development Department, Bihar,
Patna.
3. The District Collector, Darbhanga.
4. The Deputy Development Commissinor, Darbhanga.
5. The Block Development Officer, Tardih, Darbhanga.
6. The Circle Officer, Tardih, Darbhanga.
7. The Mukhiya of Gram Panchayat-Thengana, Village and P.O. Thengaha, P.S.
Sakatpur, Anchal - Tardih, District - Darbhanga.
8. The Panchayat Secretory, Gram of Panchayat - Thengaha, P.S. -Sakatpur,
Anchal - Tardih, District - Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimal Kumar Jha, Advocate
For the Respondent/s Mr. Piyush Kumar Pandey,AC to SC 11
:
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 10-02-2026 Heard Mr. Bimal Kumar Jha, learned counsel
appearing on behalf of the petitioner and Mr. Piyush Kumar
Pandey, learned AC to SC 11 for the State.
2. Petitioner has inter alia prayed for following
reliefs in the paragraphs No.1 of the writ petition:-
“(I) For issuance of a writ in the nature of
mandamus thereby commanding, directing or ordering the
respondents to restore the possession of the Khatiani raiyati
land of the petitioner upon which the Panchayat Mukhiya
with the help of villagers by creating a violent mob
Patna High Court CWJC No.2163 of 2026(2) dt.10-02-2026
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constructed and casted an R.C.C. road upon the Bari land
of the petitioner. The description of the land is as follows:-
C.S. Khata 19, C.S. Plot No.1950 and corresponding to R.S.
Khata 58, R.S. Plot No.3323 area 14 dismal and C.S. Plot
No3323 area 14 dismal and C.S. Plot No.1951 and
corresponding to R.S. Plot No.3324 area 2 dismal.
(ii) Any other order which this Hon’ble Court
may deem fit and proper in the given facts and
circumstances may kindly be passed.”
3. Learned counsel appearing on behalf of the
petitioner submitted that one Ram Sahay Jha (grandfather of
petitioner) was survived by four sons, namely, late Jay Kant Jha,
late Rama Kant Jha, late Indra Narayan Jha and late Banke
Bihari Jha. The following land, i.e.., C. S. Khata No.19, Plot
No.1950 area 3 Katha 13 dhur and plot no.1951 area 9 dhur,
total area 4 katha 2 dhur was family property of the aforesaid
late Ram Sahay Jha. During the course of the revisional survey,
the land in question appertaining to Khata No. 19 was
renumbered as R.S. Khata No. 58, and the aforesaid C.S. Plot
No. 1950 was assigned a new number, bearing R.S. Plot No.
3323, measuring an area of 14 decimals, while C.S. Plot No.
1951 was renumbered as R.S. Plot No. 3324, measuring an area
of 2 decimals and the nature of the land mentioned as bari. The
jamabandi of the said land was running in the name of uncle of
the petitioner, namely, late Jay Kant Jha. After family
settlement, the aforesaid land came in the share of late Indra
Patna High Court CWJC No.2163 of 2026(2) dt.10-02-2026
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Narayan Jha (father of the petitioner), who was survived by
three sons, Sri Krishna Chandra Jha, Sri Shyam Chandra Jha
and Ghanshyam Jha (petitioner) and the aforesaid land is in
their joint possession.
4. Learned counsel further informs that the Mukhiya
of the Gram Panchayat, Thengaha with the help of villagers by
creating a violent mob constructed R.C.C. road upon the Bari
land of the petitioner without the consent of the petitioner. The
petitioner has further informed that in this regard, he has already
filed representation before all the concerned authorities, like,
Circle Officer, Block Development Officer, SHO. Petitioner has
also filed representation before the District Magistrate,
Darbhanga on 25.08.2025 against the illegal action of the
Mukhiya of the Gram Panchayat and the Panchayat Secretary
who have forcibly encroached the bari (kitchen garden) of the
petitioner but till date, the District Magistrate has not taken any
action.
5. Considering the nature of the relief prayed for in
the present writ petition with the consent of the parties, it is
being disposed of at the stage of Admission.
6. The writ petitioner has claimed that though the
jamabandi is in the name of late uncle of the petitioner, but as
Patna High Court CWJC No.2163 of 2026(2) dt.10-02-2026
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per the family settlement, now the same falls in the share of the
petitioner and his brothers.
7. The record reveals that the petitioner has already
availed remedy by filing representation before the District
Magistrate. The District Magistrate is directed to call upon all
the affected persons including the legal heirs of his uncle, late
Jay Kant Jha and the revenue records relating to above-
mentioned land in question from the Circle Office and examine
that in whose favour, the jamabandi has been created and upon
due verification, if he finds that the petitioner is successor and
the petitioner is entitled for separate jamabandi, he may take
action in accordance with law and direct the Circle officer to
demarcate on the basis of records and information contained
therein.
8. The writ petition is accordingly disposed of.
(Purnendu Singh, J)
Sanjay/-
U
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