Patna High Court
Kishun ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The writ petition is disposed, with the District Magistrate‑cum‑Collector directed to dispose of the petitioners' applications in accordance with law and the observations in Birendra Kumar v. State of Bihar.
Summary
A large group of petitioners, residents of Amwan‑Durgapur in Bodh Gaya, filed a writ petition seeking protection from alleged threats of dispossession and demolition of their houses on several revenue plots. They claimed to be in possession of the land, supported by rent receipts and title deeds, and alleged that the Anchal Adhikari and police were repeatedly threatening to evict them and bulldoze the structures. The petitioners relied on a recent judgment (Birendra Kumar v. State of Bihar, CWJC No.20084 of 2025) to argue that they were entitled to relief. The Court directed the District Magistrate‑cum‑Collector to consider the petitioners’ applications in accordance with law and the observations in the cited judgment before taking any action. No substantive injunction was granted; the writ petition was disposed with the direction that the administrative authority follow due process.
Issues considered
- Whether the petitioners are entitled to an interim injunction restraining the State officials from dispossessing or demolishing their houses pending adjudication of their applications.
- Whether the actions of the Anchal Adhikari and police violate the petitioners' right to due process and statutory protection under land revenue laws.
- Whether the precedent set in Birendra Kumar v. State of Bihar (CWJC No.20084 of 2025) is applicable to the present facts.
Subjects
- land dispossession
- illegal demolition
- interim injunction
- writ petition
- Bihar land reforms
- due process
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2218 of 2026
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1. Kishun Manjhi
2. Kameshwar Manjhi,
Both Sons of Late Bifan Manjhi,
3. Toto Manjhi,
4. Naresh Manjhi,
5. Bablu Manjhi,
P3 to P5 sons of Late Tetar Manjhi,
6. Anil Paswan,
7. Sanjay Paswan,
8. Ramraj Paswan,
9. Bhagwan Paswan,
P6 to P9 sons of Late Panchu Dusadh,
10. Barhamdeo Paswan, S/o Late Chhakauri Dusadh,
11. Ramchandar Manjhi, S/o Late Bideshi Manjhi,
12. Kailu Manjhi,
13. Rambriksh Manjhi,
P12 and P13 Sons of Late Kuleshwar Manjhi,
14. Baisakhi Manjhi,
15. Muneshwar Manjhi,
P14 and P15 sons of Late Etwar Manjhi
16. Sanjay Paswan, S/o Late Alakhdeo Paswan, @ Alokdev Paswan,
17. Shyam Sundar Paswan, S/o Pundeo Paswan, grandson of Late Dukhi Dusad,
18. Bishun Manjhi, S/o Shivcharan Manjhi,
19. Kirtan Paswan, S/o Late Balchand Paswan,
20. Baliram Kumar Manjhi, Son of Late Raju Manjhi Grandson of Late Nagesh-
war Manjhi,
21. Radhe Manjhi,
22. Jamun Manjhi,
P 21 and P 22 sons of Late Mako Manjhi
23. Kara Manjhi, S/o Late Lochan Manjhi,
24. Gulabchand Manjhi, S/o Late Chandar Manjhi,
25. Manohar Manjhi,
26. Parmeshar Manjhi,
P 25 and P 26 sons of Late Parsadi Manjhi,
27. Gariban Manjhi,
28. Jitu Manjhi,
P 27 and P28 sons of Late Karu Manjhi,
All 1 to 28 resident of village- Amwa Durgapur, P.S.- Bodhgaya, Anchal -
Patna High Court CWJC No.2218 of 2026(2) dt.10-02-2026
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Bodhgaya, District- Gaya Ji (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Secretary, Department of Revenue and Land Reforms, Gov-
ernment of Bihar, Patna.
3. The District Magistrate, District- Gaya Ji.
4. The Sub-Divisional Officer, Bodhgaya, District- Gaya Ji.
5. The Circle Officer, Bodhgaya, District- Gaya Ji.
6. The S.H.O., Bodhgaya Police Station, Bodhgaya, District- Gaya Ji.
7. Mahanth Satanand Giri, Chela Mahanth Harihar Giri, Math, Bodh Gaya,
District Gaya Ji.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amarendra Narayan, Advocate
For the Respondent/s : Mr.Kinkar Kumar,SC 9
Mr.Shashank Shekhar Dubey, AC to SC 9
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel appearing on behalf of the
petitioners and the learned counsel for the State.
2. The petitioners in paragraph no. 1 of the present
writ petition have sought inter alia following relief(s), which is
reproduced hereinafter:-
“i. Restraining the respondents from
dispossessing petitioners from the land and houses
situated on R.S.Plot 317; 318; 319; 320; 321; 336;
339; 349; 376; 617; 618; 348 under Khata 588 at
Mouza Amwan-Durgapur, Anchal Bodh Gaya,
District Gaya Ji, as the petitioners have been
threatened orally by the respondent Anchal
Adhikari Bodh Gayaji and local police consistently
on several dates for vacating the houses and
buldozer actions tobe taken against them and
against which the petitioners by sending legal
Patna High Court CWJC No.2218 of 2026(2) dt.10-02-2026
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notices 30.12.25 as also by filing representation to
the Collector Gayaji and other officials have
protested their concern on the land and also tried to
show their title deeds and rent receipts but these are
of no avail.
ii. The petitioners also pray for order for
protection of illegal demolition or their
dispossession from the houses and land which is
owned and possessed by them and the state of
Bihar is issuing rent receipts in their favour after
collecting revenue rentals from them, but the
respondents without considering their
representations and the legal notice are thinking to
take action even without following due process of
law.
iii. The petitioners pray for an interim
order restraining respondents from any threatened
dispossession or demolishing their houses situated
on R.S. Plot 317; 318; 319; 320; 321; 336; 339;
349; 376; 617; 618; 348 under Khata 588 at mouza
Amwan Durgapur, Anchal Bodh Gaya District
Gaja Ji till disposal of the writ petition.
iv. For orders(s) as may deemed fit and
proper in the facts and circumstances of the case
stated in the writ petition.”
3. Learned counsel appearing on behalf of the
petitioners submitted that the case of the petitioners is covered
by the judgment dated 06.01.2026 passed in CWJC No.20084
of 2025 (Birendra Kumar & Ors. Vs. The State of Bihar &
Ors.).
4. Learned counsel further submitted that the
petitioners are in possession of the land and they have been able
to bring on record the rent receipt of their respective land.
5. The petitioners may file their individual application
Patna High Court CWJC No.2218 of 2026(2) dt.10-02-2026
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before the concerned District Magistrate-cum-Collector.
6. The District Magistrate-cum-Collector is directed
to dispose of the application of the petitioners in accordance
with law, in the light of the observations and directions
contained in judgment dated dated 06.01.2026 passed in CWJC
No.20084 of 2025, before taking any action in furtherance of
notice dated 30.12.2025.
7. With the above observation/direction, the present
writ petition stands disposed of.
(Purnendu Singh, J)
chn/-
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