Patna High Court
Amola DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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
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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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