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Patna High Court

Ahmad HussainversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioner must first approach the Collector/Additional Collector within four weeks, and the writ petition is disposed pending that step.

Summary

The petitioner, Ahmad Hussain, filed a writ petition seeking enforcement of a Deputy Collector’s order dated 12 July 2024 directing measurement and removal of illegal encroachment on his land, as well as setting aside a later mutation order that cancelled his earlier favorable mutation. The petition also asked for directions to various revenue and police officials to ensure possession and to quash the Deputy Collector’s later order dated 26 November 2025. The court noted that the petitioner had not approached the superior revenue authority (Collector/Additional Collector) as required and that the State counsel had not filed an affidavit. The court held that the petitioner must first file a petition before the Collector within four weeks, after which the matter will be taken to its logical conclusion. Accordingly, the writ petition was disposed with a direction to approach the Collector within the stipulated period.

Issues considered

  • Whether the order of the Deputy Collector dated 12 July 2024 directing land measurement and removal of encroachment can be directly enforced by a writ.
  • Whether the mutation order dated 10 July 2023 cancelling the petitioner’s earlier mutation can be set aside by a writ of certiorari.
  • Whether the petitioner is required to approach the superior revenue authority (Collector/Additional Collector) before seeking relief from the High Court.
  • Whether Section 145 of the Criminal Procedure Code is applicable to the proceedings.

Legislation cited

Subjects

  • land dispute
  • mutation
  • encroachment
  • writ jurisdiction
  • Section 145 CrPC
  • land reforms
  • illegal occupation
  • measurement order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2761 of 2026
                 ======================================================
                 Ahmad Hussain S/o Late Sabra Mohammad Ansari, resident of village-
                 Shastri Nagar, Ward No. 14, P.S.- Bagaha (Patkhauli OP), District- West
                 Champaran.

                                                                                ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar .
           2.    The Additional Chief Secretary, Revenue and Land Reforms Department,
                 Govt. of Bihar, Patna.
           3.    The Divisional Commissioner, Tirhut Division, Muzaffarpur.
           4.    The District Magistrate, West Champaran, Bettiah.
           5.    The Sub Divisional Magistrate, Bagaha, West Champaran.
           6.    The Land Reforms, Deputy Collector, Bagaha, West Champaran.
           7.    The Circle Officer, Bagaha- 2, West Champaran.
           8.    The Superintendent of Police, Bagaha, West Champaran.
           9.    The Officer-in-Charge, Bagaha (Patkhauli OP), Bagaha, West Champaran.
           10. Raj Mohan Giri @ Rajesh Giri, S/o Late Amla Giri, Resident of Village-
               Narwal Barwal, P.O.- Borwal, P.S.- Bagaha (Patkhauli OP), District- West
               Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Sunil Kumar Verma, Advocate
                                                    Miss. Anjali Singh, Advocate
                 For the Respondent/s     :         Mr.Standing Counsel (18)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   28-04-2026                    Heard        Mr. Sunil Kumar Verma duly assisted by

                   Miss. Anjali Singh, learned counsel for the petitioner and the

                   State.

                                 2. The present petition has been preferred for the

                   following relief/s:

                                              (i)    issuance        of    an        appropriate

                                              writ/order/direction           upon             the
Patna High Court CWJC No.2761 of 2026(3) dt.28-04-2026
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                                  concerned/competent               Respondent    State

                                  Authority/Authorities to act upon and give

                                  effect to the order' dated 12.07.2024 passed

                                  by the learned court of Deputy Collector

                                  Land Reforms, Bagaha, West Champaran

                                  (Respondent No.6) in Bihar Land Dispute

                                  Case No.86/2023-24 allowing there under

                                  the application filed by the writ petitioner

                                  herein, and as a consequence thereof,

                                  directing the Circle Officer, Bagaha 2 to

                                  carry out measurement of the subject land

                                  situated at Mauza Khiria/Thana no. 175,

                                  covered under Khata No.36 relating to Plot

                                  No.76 measuring 01 Bigha and 10 Kattha

                                  land as per the boundary detail given in the

                                  sale deed of the writ petitioner dated

                                  24.12.2011             ensuring       removal      of

                                  encroachment/ illegal occupation over the

                                  said land restoring possession in favour of

                                  the writ petitioner, applicant in ant of case

                                  no.86/23-24 before the A Deputy Collector

                                  Land Reforms, Bagaha;
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                                  (ii)     issuance      of      an     appropriate

                                  writ/order/direction upon the concerned

                                  Respondent         State     Authority/Authorities

                                  posted at Bagaha, West Champaran in

                                  general, and the Circle Officer, Bagha-2 in

                                  particular, for taking measurement case

                                  no.2701324-00356 arising in terms of the

                                  order dated 12.07.2024 in Bihar Land

                                  dispute case no.86/23-24 to to its logical

                                  conclusion, giving effect the notice issued

                                  dated 24.10.2024 by the Circle Officer,

                                  Bagaha-2 to the petitioner herein along with

                                  Private Respondent No. 10 as also letter

                                  being no.2127 dated 28.10.2024 issued by

                                  the Circle Officer, Bagaha-2 to the Anchal

                                  Amin       directing       therein   to    ensure

                                  measurement of the subject land situated at

                                  Mauza       Khiriya/Thana      No.175,    covered

                                  under Khata No.36, Plot No.76, measuring 2

                                  Acre 92,5 decimal of land on 30.10.2024,

                                  which was never acted upon in view of

                                  pendency of a writ application before this
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                                  Hon'ble Court being CWJC No.18112/24

                                  filed by Private Respondent No.10, which

                                  stands disposed off vide the order dated

                                  10.12.2024 by a bench of this Hon'ble Court

                                  without recording even a Single word about

                                  the said pending measurement proceeding at

                                  Bagaha-2;

                                  (iii)     issuance     of     an     appropriate

                                  writ/order/direction        upon   the   District

                                  Magistrate, West Champaran, Bettiah to

                                  ensure and secure removal of illegal and

                                  forcible encroachment and occupation of the

                                  subject land covered under Khata No.36,

                                  relating to plot no.76, situated at Mauza-

                                  Khiriya under Bagaha Anchal-2 at the hands

                                  of private Respondent No. 10 paving the way

                                  for restoration of possession of the said land

                                  property in favour of the petitioner in view of

                                  findings/local spot inquiry contained in

                                  letter No. 1696 dated 07.10.2023 issued by

                                  the Circle-Officer, Bagaha-2 to the District

                                  Magistrate, West Champaran, Bettiah;
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                                  (iv) issuance of an appropriate writ in the

                                  nature of certiorari quashing thereunder the

                                  order dated 26.11.2025 passed by the

                                  learned court of Deputy Collector, Land

                                  Reforms, Bagaha, West Champaran passed

                                  in Mutation appeal Case No.242/25-26

                                  whereunder the order of Mutation dated

                                  10.07.2023 passed, by the Circle-Officer,

                                  Bagaha-2 in Mutation Case No.738/2023-24

                                  in relation to the subject land, standing in

                                  favour      of    the   petitioner,   has   been

                                  cancelled/set aside in the background of

                                  earlier rejection of the claim of the Private

                                  Respondent No. 10 herein, with respect to

                                  the subject land, vide the order dated

                                  12.07.2024 in Bihar Land Dispute Case

                                  No.86/23-24 by the same and common

                                  author of the order, namely, Smt. Anjalika

                                  Kritika in view of being perverse, unfair and

                                  malicious;

                                  (iv) to any other relief/reliefs to which the

                                  petitioner is found entitled to in the facts and
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                                  circumstances of the case.

                       3. The land details are already incorporated in the

          prayer and need no repetition.

                       4. The daggers were drawn between the petitioner

          and the respondent no.10 and ultimately, it reached the Court of

          the Deputy Collector, Land Reforms, Bagaha-II in M.A. No.

          242 of 2005-26 (Raj Mohan Giri vs. Circle Officer, Bagaha-

          II & Ors) challenging the order passed by the Circle Officer,

          Bagaha-II in Mutation Case No. 738 of 2023-24 dated

          10.07.2023 in which the mutation in favour of the petitioner was

          allowed.

                       5. The D.C.L.R., Bagaha-II took note of the

          conflicting statements made on two different forums to negate

          section 145 Cr.P.C. order against him annulling the order of the

          Circle Officer, Bagaha-II dated 10.07.2023 (Annexure-P/7 to the

          petition.

                       6. This followed the writ petition.

                       7. Learned counsel for the petitioner submits that

          admittedly, he is having possession over the land but the same

          has not been considered while passing the order in question.

                       8. Learned State counsel (who has failed to file

          affidavit in the matter as per the last order of the coordinate
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                   bench) submits that against the order passed by the D.C.L.R.,

                   Bagaha, the petitioner failed to move before the superior

                   revenue authority i.e.          Collector/Additional Collector, West

                   Champaran. He further submits that if such petition is filed, the

                   same shall be taken to its logical.

                                9. Learned counsel for the petitioner submits that he

                   is ready to approach the Collector/Additional Collector in next

                   four weeks.

                                10. In that background, the writ petition is disposed

                   of allowing the petitioner to file petition within a period of four

                   weeks before the Collector, West Champaran.

                                11. If such petition is preferred within the aforesaid

                   period, the same shall be taken to its logical conclusion at an

                   earliest after noticing/hearing all the parties.



                                                 (Rajiv Roy, J)
Ravi/-

U


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