Patna High Court
Kaushal SharmaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJIV ROY
Holding
The petition is dismissed as the petitioner failed to disclose material facts and the land was found to be encroached upon.
Summary
The petitioner, Kaushal Sharma, filed a writ petition seeking a mandamus directing the respondents not to encroach upon land he claims to have received through an amicable family partition. He alleged that the Circle Officer had begun filling soil on the land for construction. The respondents filed a counter‑affidavit stating that the petitioner was an encroacher and that an encroachment case (No. 11 of 2021‑22) had been initiated, with the encroachment removed on 18‑08‑2023. The court noted that the petitioner had not raised any of these facts in his petition filed in 2024. Considering the suppression of material facts and the established encroachment, the court held that no relief could be granted and dismissed the petition.
Issues considered
- Whether the petitioner is entitled to a writ of mandamus restraining the respondents from encroaching on the disputed land
- Whether the petitioner has a valid title to the land claimed to be obtained by partition
- Whether the court can grant relief when the petitioner has suppressed material facts regarding encroachment
Subjects
- writ of mandamus
- encroachment
- land ownership
- family partition
- civil writ jurisdiction
- relief denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22 of 2024
======================================================
Kaushal Sharma son of Alakhdev Sharma, Resident of Mohalla- Mahuar,
Police Station-Haspura, District-Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar Through Secetary, Revenue and Land Reforms
Department, Government of Bihar, Patna.
2. The Collector, District-Aurangabad.
3. The Circle Officer, Haspura, District- Aurangabad.
4. The Block Development Officer, Haspura, District-Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Kumar, Advocate
For the Respondent/s : Mr. Vivekanand Singh, AC to GP-18
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 15-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“(i) For issuance of an appropriate writ
in the nature of mandamus seeking direction to
respondents to not encroach/capture/construct over
the land of petitioner without any authority of law
as the land in question belongs to petitioner which
he has received by amicable partition in family but
respondent No. 3 had started filling soil over the
land for making construction over it.
(ii) For issuance of an appropriate writ
Patna High Court CWJC No.22 of 2024(3) dt.15-04-2026
2/3
in the nature of Mandamus seeking direction to
respondent to decide and dispose of the
representation which has been filed by petitioner
for not disturbing/alienating ancestral land of
petitioner without any authority of law and without
hearing him.
(iii) For any other relief or reliefs for
which the petitioner is entitled for.”
3. At the outset, learned State counsel, Mr.
Vivekanand Singh has taken this Court to the counter-affidavit
filed on behalf of the respondent nos. 2 to 4 with specific
reference to paragraph nos. 13, 15 and 17 to submit that the
petitioner and others are/were encroachers for which
Encroachment Case No. 11 of 2021-22 was initiated by the
Circle Officer, Haspura as the land has been recorded as
gairmajarua malik land (Parti Kadim Land) and the last
paragraph shows that on 18.08.2023, the encroachment was
removed.
4. This Court has taken note of the fact that the writ
petition has been filed in the year 2024 and no such averment
has been brought on record by the petitioner.
5. In that background, considering it as a clear
Patna High Court CWJC No.22 of 2024(3) dt.15-04-2026
3/3
suppression of fact, no relief can be extended.
6. The writ petition stands dismissed.
(Rajiv Roy, J)
Adnan/-
U
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