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Patna High Court

Amola DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is dismissed, directing the petitioner to approach the Sub‑Divisional Officer, Jaynagar, for redress, as the appropriate administrative remedy has not been exhausted.

Summary

The petitioner, Amola Devi, a widow, filed a writ petition seeking mandamus to compel various government officials to implement two earlier orders (dated 15‑02‑2017 and 02‑01‑2024) directing action on a land parcel allegedly purchased by her late husband and now occupied by private respondents. She also sought removal of the illegal encroachment. The State counsel argued that nine years had elapsed and the petitioner should approach the Sub‑Divisional Officer (SDO) with a fresh grievance. The Court held that the petitioner must first move before the SDO, who is duty‑bound to issue notice and pass an appropriate order within the stipulated time. Consequently, the writ petition was disposed of with the observation that the appropriate administrative remedy had not been exhausted.

Issues considered

  • Whether the respondents are liable to comply with the 2017 and 2024 orders through a writ of mandamus
  • Whether the petitioner is entitled to a writ directing removal of alleged illegal encroachment on the land
  • Whether the petitioner has exhausted alternative administrative remedies before approaching the High Court

Legislation cited

Subjects

  • writ of mandamus
  • land encroachment
  • public grievance redressal
  • implementation of orders
  • administrative remedy
  • civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2187 of 2026
                 ======================================================
                 Amola Devi W/o- Chandeshwar Thakur, Ward No- 10, Dhamiapatti, P.O.-
                 Dhamiapatti, Dist- Madhubani, Bihar- 847226.

                                                                          ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Panchayati Raj
                 Department, Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Panchayati Raj Department, Government of
                 Bihar, Patna.
           3.    The District Magistrate, Madhubani.
           4.    The Superintendent of Police, Madhubani.
           5.    The Sub-Divisional Officer, Jaynagar, Madhubani.
           6.    The Sub-Divisional Police Officer, Jaynagar, Madhubani.
           7.    The Public Grievance Redressal Officer, Jaynagar, Madhubani.
           8.    The Deputy Collector, Land Reforms, Jaynagar, Madhubani.
           9.    The Circle Officer, Jaynagar, Madhubani.
           10. The Station House Officer, Deodha, Madhubani.
           11. Ramvilas Sada, S/o- Sukhdev Sada, Resident of Vill.- Dhamiyapati, P.S.-
               Deodha, P.O.- Dhamiyapati, Anchal- Jaynagar, Distt.- Madhubani.
           12. Kisun Sada, S/o- Sukhdev Sada, Resident of Vill.- Dhamiyapati, P.S.-
               Deodha, P.O.- Dhamiyapati, Anchal- Jaynagar, Distt.- Madhubani.
           13. Bhola Sada, S/o- Buddhu Sada, Resident of Vill.- Dhamiyapati, P.S.-
               Deodha, P.O.- Dhamiyapati, Anchal- Jaynagar, Distt.- Madhubani.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Shubhankar Raj, Adv.
                                               Mr. Umesh Kumar, Adv.
                 For the Respondent/s   :      Mr. Standing Counsel (04)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   27-04-2026                      Heard Mr. Umesh Kumar, learned counsel for the

                   petitioner and the State.

                                 2. The present application has been preferred for the

                   following relief(s):

                                                    (i) For issuance of writ in the
Patna High Court CWJC No.2187 of 2026(3) dt.27-04-2026
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                                 nature      of        Mandamus        or      any    other
                                 appropriate           writ   for    commanding         the
                                 respondent authorities to strictly comply with
                                 and implement the order dated- 15/02/2017
                                 passed           in      Complaint         Case        no.
                                 505110125061600038,                by      the      Public
                                 Grievance         Redressal        Officer,      Jaynagar,
                                 Madhubani, whereby the SDO, Jaynagar has
                                 been directed to take necessary action under
                                 the provision of the Code of Criminal
                                 Procedure (now BNSS).
                                              ii) For issuance of writ in the
                                 nature      of        mandamus       or       any    other
                                 appropriate           writ   for    commanding         the
                                 respondent authorities to forthwith comply
                                 with and implement the order dated-
                                 02/01/2024, passed in BLDR Case no.-
                                 33/2022-23 by the Deputy Collector Land
                                 Reforms, whereby and whereunder the Circle
                                 Officer, Jaynagar has been directed to
                                 comply the order dated-15/02/2017 passed in
                                 complaint case no.-505110125061600038 by
                                 the Public Grievance Redressal Officer,
                                 Jaynagar, Madhubani
                                              iii) For issuance of writ in the
                                 nature      of        Mandamus        or      any    other
                                 appropriate           writ   for    commanding         the
                                 respondent authorities to forthwith remove
                                 the illegal encroachment and vacate the land
                                 pertaining to Khata no.-202, Khesra no.-
Patna High Court CWJC No.2187 of 2026(3) dt.27-04-2026
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                                 500,501 (old); 960(new); Rakba- 0-8-0(eight
                                 Katthas), situated in Mauja- Dhamiyapati,
                                 Thana no.- 12, Anchal- Jaynagar, Dist.-
                                 Madhubani, lawfully purchased in the name
                                 of the petitioner's Late husband; namely-
                                 Chandeshwar Thakur, which is presently
                                 under unauthorized and illegal occupation of
                                 the private respondents.
                                              iv) For issence of any other
                                 appropriate writ, order(s) or direction(s)
                                 which your Lordships may deem fit and
                                 proper in the facts and circumstances of the
                                 case.
                      3. The matter relates to a piece of land, details of

          which stands incorporated in the prayer portion and need no

          repetition.

                      4. The claim is that in the year 2017 itself

          (15.02.2017), an order was passed favoring the petitioner but

          has not been complied.

                      5. Learned State Counsel submits that nine years have

          elapsed in the matter and it is high time that the petitioner move

          before the respondent, Sub-Divisional Officer, Jaynagar,

          Madhubani (respondent no. 5), if she has fresh grievance.

                      6. Having heard the parties, this Court is also of the

          opinion that the widow who is aggrieved in the matter should

          move before the respondent no. 5, the Sub-Divisional
           Patna High Court CWJC No.2187 of 2026(3) dt.27-04-2026
                                                       4/4




                     Magistrate, Jaynagar, Madhubani who is duty-bound to look

                     into the case, issue notice to necessary parties and pass an

                     appropriate order in accordance with law. The entire process has

                     to be completed within the time frame stipulated therein, the

                     writ petition is disposed of with aforesaid observation.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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