Patna High Court
Ahmad HussainversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
- Code of Criminal Procedure, 1973 — s. 145
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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