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Patna High Court

Alok Kumar PankajversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the Deputy Collector, Land Reforms to act on the petitioner's representation and disposed of the writ petition.

Summary

The petitioner Alok Kumar sought a writ of mandamus directing the State authorities to remove an illegal encroachment on his land (Khata No. 860, Plot No. 1487, 42 decimals) and to enforce a prior High Court order restoring possession to him. He alleged that private respondents had forcibly occupied the land despite a 2008 order quashing their parwana and a 2018 order directing restoration of his possession. The petitioner had filed a representation with the Deputy Collector, Land Reforms on 23‑12‑2025, but no action was taken. The Court noted the pending representation and directed the Deputy Collector to dispose of it in accordance with law. It further advised the petitioner that he could approach a civil court for a declaration of title and recovery of possession if needed. The writ petition was consequently disposed.

Issues considered

  • Whether the respondents' encroachment on the petitioner's land is illegal despite earlier High Court orders.
  • Whether the State, through the Deputy Collector, is obligated to implement the 17‑01‑2018 High Court order restoring possession to the petitioner.
  • Whether a writ of mandamus can be issued to compel the removal of the encroachment and enforcement of the earlier orders.

Subjects

  • illegal encroachment
  • land possession
  • mandamus
  • high court order implementation
  • land reforms
  • representation before Deputy Collector
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.2755 of 2026
                 ======================================================
                 Alok Kumar Pankaj son of Late Brajraj Singh alias Brijraj Prasad Singh,
                 resident of Village and PO - Pandui, P.S.- Parasbigha, District - Jehanabad
                 (Bihar).

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Collector, District Jehanabad, Bihar.
           2.    The Collector, District Jehanabad, Bihar.
           3.    The Sub Divisional Officer, Jehanabad, Bihar.
           4.    The Anchal Adhikari, Jehanabad, Bihar.
           5.    Shri Krishna Ram, son of Gaya Ram, resident of Village and PO Pandui, P.S.
                 Parasbigha, District - Jehanabad (Bihar).
           6.    Shri Dharmendra Pandit, son of Late Ram Ishwar Pandit, resident of Village
                 and PO - Pandui, P.S.- Parasbigha, District - Jehanabad (Bihar).
           7.    Shri Rajendra Pandit, son of Late Ram Chandra Pandit, Village and PO
                 Pandui, P.S.- Parasbigha, District - Jehanabad (Bihar).
           8.    Shri Raghu Nandan Pandit, son of Late Ram Chandra Pandit, Village and
                 PO Pandui, P.S.-Parasbigha, District - Jehanabad (Bihar).
           9.    Shri Navin Kumar Pandit, son of Late Ram Chandra Pandit, Village and PO
                 Pandui, P.S.-Parasbigha, District - Jehanabad (Bihar).

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Dr. Koushlendra Narayan, Advocate
                 For the Respondent/s   :       Mr. Pratik Kumar, AC to GA- (11)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   19-02-2026                    Heard Dr. Koushlendra Narayan, learned counsel

                   appearing on behalf of the petitioner and Mr. Pratik Kumar,

                   learned AC to GA-11 for the State.

                               2. The petitioner in paragraph no. 1 of the present writ

                   petition has sought inter alia the following relief(s), which is

                   reproduced hereinafter:-

                                              "i) For issuance of writ in the nature of
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                          mandamus or any other appropriate writ for commanding
                          the respondent concerned to remove the illegal
                          encroachment from the land in question pertaining to Khata
                          No. 860, Plot No. 1487 area 42 decimals situated at Mauza
                          Pandui, Thana No. 351, Police Station Parasbigha, District
                          Jehanabad upon which Private Respondents and their
                          family members have forcibly and illegally made
                          encroachment even after quashing of their respective
                          Parwana by the Hon'ble High Court vide its order dated
                          22.12.2008 passed in C.W.J.C. No. 3803 of 1991.
                                      ii) For issuance of writ in nature of mandamus
                          or any other appropriate writ for commanding the
                          respondent concerned to implement the order dated
                          17.01.2018 passed by the Hon'ble High Court, Patna in
                          LPA No. 174 of 2016 (arising out of C.W.J.C. No. 3803 of
                          1991) and to restore the possession of land in question in
                          favour of petitioner and further to hand over the physical
                          possession of land in question to the Petitioner.
                                      iii) For issuance of any other appropriate writ,
                          order or direction which your Lordships may deem fit and
                          proper in the facts and circumstances of the case."


                      3. Learned counsel appearing on behalf of the

          petitioner submitted that in compliance of the liberty granted to

          the petitioner vide order dated 07.05.2024 passed in MJC No.

          2273 of 2021, the petitioner has already filed representation

          before the Deputy Collector, Land Reforms (D.C.L.R.) on

          23.12.2025, however, the D.C.L.R. has not taken any step to

          consider the grievance of the petitioner so that peaceful

          possession of the land appertaining to Khata No. 860, Khesra

          No. 1487 measuring total area 42 decimals situated at Mauza

          Pandui, Thana No. 351, Police Station - Parasbigha, District,

          Jehanabad, is handed over to the petitioner.

                      4. Considering that the petitioner has already filed
          Patna High Court CWJC No.2755 of 2026(2) dt.19-02-2026
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                    representation, the D.C.L.R. is directed to take action and

                    dispose of the representation filed by the petitioner in

                    accordance with law.

                                5. The petitioner, if so advised or occasion arises, he

                    may also avail remedy before the competent civil court having

                    jurisdiction for declaring his title and recovery of the

                    possession.

                                6. With aforesaid observation/direction, the present

                    writ petition stands disposed of.



                                              (Purnendu Singh, J)
Niraj/-

U


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