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Patna High Court

Tej Narayan SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court declined to issue a mandamus and directed the petitioner to seek relief from the Collector, who shall adjudicate the encroachment matter.

Summary

The petitioner, Tej Narayan Singh, alleged that a public Kachhi road was constructed over his private land in Sitamarhi district without any map, detailed project report, demarcation, or his consent, amounting to an illegal encroachment of approximately 46 dismals. He sought a writ of mandamus directing the respondent authorities to remove the encroachment and restore his land. The petitioner’s counsel suggested that the Collector of Sitamarhi could be approached to order the removal, a suggestion accepted by the State counsel. The Court examined the petition and, without issuing a mandamus, directed the petitioner to agitate the matter before the Collector, who is to notice the parties and adjudicate the issue. The Court emphasized that the Collector has the jurisdiction to take the matter to its logical conclusion. Consequently, the writ petition was disposed, allowing the administrative remedy to proceed.

Issues considered

  • Whether a writ of mandamus can be issued to compel the removal of an encroachment of private land by public authorities constructing a road without statutory compliance.

Subjects

  • encroachment
  • public road
  • mandamus
  • writ petition
  • land rights
  • administrative law
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2571 of 2026
                 ======================================================
                 Tej Narayan Singh Son of Baboolal Singh, Resident of Ward no 01, Village
                 Marpa Issar Das, PS Suppi, District Sitamarhi, Bihar.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Rural Development
                 Department, Government of Bihar, Patna, Bihar.
           2.    The District Magistrate, District Sitamarhi, Bihar.
           3.    The Sub Divisional Officer, District Sitamarhi, Bihar.
           4.    The Block Development Officer, Block Suppi, District Sitamarhi, Bihar.
           5.    The Circle Officer, Circle Suppi, Block Suppi, District Sitamarhi.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Mritunjay Kumar Singh, Advocate
                 For the Respondent/s   :       Mr. Standing Counsel (07)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   16-02-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief(s):

                                              “For issuance of appropriate writ in the

                                  nature of mandamus commanding the respondent

                                  authorities to remove the encroachment from private

                                  land whereby and where under constructed public

                                  Kachhi road (dirt track) pass away on the petitioner

                                  land without Map or DPR or demarcation as well as

                                  also without consent/consideration of land title

                                  holder (the Petitioner) aforementioned land situated

                                  at Mouza- Marpa Issar Das, Halka- Harpur Pipra,
          Patna High Court CWJC No.2571 of 2026(2) dt.16-02-2026
                                                      2/2




                                    District Sitamarhi bearing Khata no. Khata no. 22,

                                    127, 132, 141, 143, 155, 156 Kheshra no. 1260,

                                    1262, 1263, 1303 (new-1999, 2000), 1324, 1325,

                                    Thana no. 74, and Rkawa- 1 acres 9 dismal as such

                                    approx 46 dismals land illegal encroached by the

                                    respondent authorities.

                                                (ii) For any other relief or reliefs as your

                                    lordships may deem fit and proper in the facts and

                                    circumstances of the case.”

                                3. After some arguments, learned counsel for the

                    petitioner submits that it will suffice if the Collector, Sitamarhi

                    (respondent no. 2) looks into the matter and pass necessary order.

                                4. Learned State counsel has no objection to it.

                                5. In that background, the writ petition stands disposed

                    of allowing the petitioner to agitate the matter before the Collector,

                    Sitamarhi (respondent no. 2) who shall be noticing the parties and

                    shall take the matter to its logical conclusion at an earliest.



                                                  (Rajiv Roy, J)
Adnan/-

U


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