Patna High Court
Mahendra Prasad @ Mahendra Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the Collector must direct the Deputy Collector and Circle Officer to measure, demarcate, and remove the encroached portion of the petitioners' Raiyati land within the stipulated time.
Summary
The petitioners, who are owners of Raiyati land in Village Turki, Saran, alleged that the State of Bihar and its officials were constructing a Primary Health Centre on land that exceeded the area granted to them under a gift deed of 1967. They sought a writ of certiorari to quash the Collector’s order of 14 October 2024 declaring part of their land encroached, and mandamus to halt construction, restore possession, and demarcate the land. The Court noted that the Collector had already concluded that part of the petitioners’ land was encroached and directed revenue officers to take action, but no steps were taken for over a year. The petitioners argued that the revenue authorities failed to comply with the Collector’s direction, justifying court intervention. The Court directed the Collector to order the Deputy Collector and Circle Officer to measure and demarcate the disputed land within four weeks and to remove any encroached portion within the next four weeks. The petition was disposed with these directions.
Issues considered
- Whether the Collector’s order of 14 October 2024 declaring encroachment can be quashed.
- Whether the respondents should be restrained from continuing construction of the Primary Health Centre pending disposal of the writ.
- Whether a writ of mandamus can be issued directing the revenue authorities to demarcate and restore possession of the petitioners’ Raiyati land.
- Whether the failure of revenue officials to implement the Collector’s direction warrants judicial intervention.
Subjects
- land encroachment
- primary health centre
- writ of certiorari
- mandamus
- Raiyati land
- gift deed
- revenue law
- land measurement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2818 of 2025
======================================================
1. Mahendra Prasad @ Mahendra Prasad Singh S/o Jalebi Pd. Singh, Resident
of Village- Turki, Post- Rasauli, P.S.- Panapur, Dist.- Saran.
2. Lal Bachan Singh, S/o Chulai Sing Resident of Village- Turki, Post- Rasauli,
P.S.- Panapur, Dist.- Saran.
3. Chandrama Singh, S/o Shivshankar Singh Resident of Village- Turki, Post -
Rasauli, P.S.- Panapur, Dist.- Saran.
4. Mina Devi, W/o Mahendra Prasad Singh Resident of Village- Turki, Post -
Rasauli, P.S.- Panapur, Dist.- Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms.
2. The District Magistrate, Saran.
3. The Additional Collector, Saran.
4. The Deputy Collector Land Reforms, Maraurha, Dist.- Saran.
5. The Circle Officer, Panapur, Dist.- Saran.
6. The Bihar Medical Services and Infrastructure Corporation Ltd.,
Represented through Shri Sagar Jaiswal Deputy General Manager Having its
registered office at 4th floor, Bihar State Building Construction Corporation
Limited, Hospital Road, Shastri Nagar Road, Patna.
7. Civil Surgeon, Saran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Dubey, Adv.
For the Respondent/s : Mrs. Archana Meenakshee, GP-6
Mr. Rana Veer Prawar, AC to GP-6
Mr. Rohit Singh, AC to GP-6
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 24-03-2026 Heard Mr. Ranjan Kumar Dubey, learned counsel for
the petitioner and Mrs. Archana Meenakshee, GP-6.
2. The present application has been preferred for the
following relief(s):
(i) For issuance of writ in the
nature of certiorari for quashing the order
dated 14.10.2024 passed by Collector Cum
District Magistrate, Saran, Chapra in the
light of order dated 07.05.2024 passed in
Patna High Court CWJC No.2818 of 2025(3) dt.24-03-2026
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CWJC No. 1523/2023 by which he has
declared that construction of Primary Health
Centre is going on the gifted land.
(ii) For issuance of writ in the
nature of mandamus directing the
Respondents to stop any type of construction
work over the disputed land till final disposal
of this writ petition.
iii. For issuance of writ in the
nature of mandamus directing the
respondents restore the possession of
petitioner over the disputed which is
excess/beyond to the area of gift deed dated
17.03.1967 and same has been taken by them
forcefully for construction of Primary Health
Centre.
iv. For issuance of any other
writ/writs, order/orders for which petitioners
deemed entitled to.
3. The matter relates to a piece of land, details of
which are as under:
Khata No.- 31;
Plot No.- 221, area- 15 katha 10 dhurs
(from the eastern side;
Plot No. - 222, area- 3 katha 16 dhurs
Situated at Village Turki, P.S.- Panapur,
Anchal- Panapur, District- Saran.
4. Earlier, the petitioner approached this Court in
CWJC No. 15231 of 2023 (Mahendra Prasad & Ors. vs. State of
Patna High Court CWJC No.2818 of 2025(3) dt.24-03-2026
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Bihar & ors.) with the following relief(s):
(i) not to encumber upon the land
of the Petitioners (Disputed land which is
peaceful possession of the Petitioners and
their family members);
(ii) to make good the loss suffered
by the Petitioners as three of their kiosks
which were standing on the road side upon
the disputed land has been demolished along
with the material for sale in side;
(iii) for paying compensation of
rupees 10 lacs to the petitioners as they have
been unnecessarily harassed by the
Respondent authorities;
(iv) maintain Status quo over the
land in question/disputed land during
pendency of the instant writ application;
(v) to restore status quo ante.
5. With the consent of the parties, it was disposed of
on 07.05.2024 with the following observation:
6. In view of the limited prayer made by
the learned Counsel for the petitioners for which
she is also ready to pay Post, the writ petition
stands disposed of with a direction to the petitioner
to approach the respondent no. 2, the Collector,
Saran at Chapra within four weeks from today
along with all the documents who shall direct the
D.C.L.R., Maraurha to get the land measured in
his presence and if needed the Additional Collector,
Patna High Court CWJC No.2818 of 2025(3) dt.24-03-2026
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Saran at Chapra, can also be roped in.
7. The petitioners are duty bound to
appear on the date fixed by the respondents and if
they failed to do so, the Collector, Saran at Chapra
is free to take decision suo-motu. The process be
completed expeditiously.
6. In that background, the petitioner approached the
Collector, Saran at Chapra by filing a proper petition which was
taken up on 14.10.2024 and the Collector came to the following
conclusion:
mHk; i{kksa dks lquus ,oa Hkwfe lq/kkj mi lekgŸkkZ] e<+kSjk] lkj.k ds izfrosnu ds
vkyksd esa ;g ikrk gw¡ fd iz”uxr nku dh xbZ Hkwfe dh vofLFkfr [kkrk la0&31
[ksljk la[;k&221 jdck&1&3&0 ¼,d ch?kk rhu dB~Bk½ ekih izfrosnu@utjh
uD”kk ds HkwHkkx&A dh Hkwfe gS] ftlij iwoZ esa Hkh izkFkfed LokLF; dsUnz ds Hkou
1]2]3]4]6 dk fuekZ.k fd;k x;k Fkk rFkk uo fuekZ.kk/khu izkFkfed LokLF; dsUnz]
ikukiqj dk fuekZ.k blh HkwHkkx&A eas fd;k tk jgk gSA pwWafd nkudŸkkZ ds okfjlksa
}kjk iqjkus fufeZr LokLF; dsUnz ds Hkou la0&3 ds mRrj fn”kk dh vksj ls
0&2&2&4 jdck Hkwfe utjh uD”kk ds HkwHkkx&B ls cspk x;k gS] ftlls Li’V gS
fd ifjoknh dh Hkwfe mŸkj fn”kk dh rjQ “ks’k gSA ifjoknh dk ;g dFku fd
muds iwoZtksa }kjk nku dh xbZ Hkwfe mŸkj fn”kk esa fn;k x;k Fkk] dk Åij of.kZr
rF;ksa ds vk/kkj ij dksbZ izek.k ugha feyrk gSA lkFk gh iz”uxr nku esa nh gqbZ
Hkwfe ¼HkwHkkx&A½ ij iwoZ ls Hkou la0&1]2]3]4 ,oa 6 fufeZr gS ftl ij
vkosnd }kjk u rks fuekZ.k ds le; u ckn esa dHkh vkifRr dh xbZA dsoy
orZeku esa uofuekZ.kk/khu izkFkfed LokLF; dsUnz ¼Hkou la0&5½ ds fuekZ.k ds
le; vkifRr fn;k x;k tks lansgkLin ,oa fujk/kkj gSA vr,o mi;qZDr rF;ksa ds
Patna High Court CWJC No.2818 of 2025(3) dt.24-03-2026
5/7
voyksdu ls Li’V gksrk gS fd uofuekZ.kk/khu izkFkfed LokLF; dsUnz] ikukiqj
¼Hkou la0&5½ dk fuekZ.k orZeku esa nku fd, x;s ifjlj esa gh fd;k tk jgk
gSA utjh uD”kk ds voyksdu ls ;g Hkh ik;k x;k fd iwoZ fufeZr LokLF; dsUnz
dk Hkou la0&1 dk dqN Hkkx [kkrk la0&31 [ksljk la[;k&222 vkosnd dh
futh Hkwfe esa vofLFkr gSA
mi;qZDr ifjizs{; esa Li’V gS fd uofuekZ.kk/khu izkFkfed LokLF; dsUnz]
ikukiqj dk fuekZ.k nku esa nh xbZ HkwHkkx&A dh Hkwfe@ifjlj esa gks jgk gS
ftlesa iwoZ ls gh izkFkfed LokLF; dsUnz dk dbZ iqjkuk Hkou vofLFkr gSA
vr% vuqe.My inkf/kdkjh] e<+kSjk dks vkns”k fn;k tkrk gS fd orZeku esa
fuekZ.kk/khu izkFkfed LokLF; dsUnz dk fuekZ.k dk;Z lqpk: :i ls fu’ikfnr
djkus gsrq vko”;d dkjZokbZ djuk lqfuf”pr djsaxs ,oa utjh uD”kk ds Hkou 01
dk dqN Hkkx tks vkosnd dh futh Hkwfe [ksljk la[;k&222 esa fufeZr ik;k x;k
gS] dks gVkus dh dkjZokbZ gsrq lacaf/kr inkf/kdkjh dks funsf”kr djsaxsA lkFk
gh ;g Hkh vkns”k fn;k tkrk gS fd dk;Z ds lqpk: fu’iknu ds fy, ;fn
vko”;d gks rks iqfyl cy dh izfrfu;qfDr djuk lqfuf”pr djsaxsA
okn fu’ikfnrA
ys[kkfir ,oa la”kksf/krA
g0@& g0@&
ftyk n.Mkf/kdkjh] ftyk n.Mkf/kdkjh]
lkj.k] NijkA lkj.k] NijkA
7. From the aforesaid facts, two points are clear:
(i) the Collector, Saran at Chapra came
to the conclusion that some parts of the petitioner’s
raiyati land has been encroached;
Patna High Court CWJC No.2818 of 2025(3) dt.24-03-2026
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(ii) direction was given to the revenue
authorities to take appropriate steps for its
removal.
8. Learned counsel for the petitioner submits that
though he failed to approach the revenue authorities including
the Deputy Collector Land Reforms, Maraurha, Saran as also
the Circle Officer, Panapur, Saran, it was the duty of the revenue
authorities to carry out the direction of the Collector, Saran at
Chapra and as they failed to do so, the writ petition.
9. The Co-ordinate Bench on 27.02.2025 directed the
respondents to file affidavit but today on call, Mrs. Archana
Meenakshi, learned G.P.-6 submits that despite correspondence/
reminder, no counter affidavit has come.
10. This Court has two options, either to impose cost
upon the respondents and adjourn the matter. Alternatively, to
dispose it of with directions. This Court goes for the second
option.
11. As recorded above, the petitioner approached this
Court, the Collector, Saran at Chapra was directed to do the
needful. He passed an order and came to the conclusion that
some part of the petitioners’ Raiyati land has been encroached
which has to be removed. However, despite passage of one and
half year, no such step has been taken by those working under
Patna High Court CWJC No.2818 of 2025(3) dt.24-03-2026
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him/her.
12. In that background, once again the Collector,
Saran at Chapra is directed to look into the matter and direct the
Officers including the Deputy Collector Land Reforms,
Maraurha as also the Circle Officer, Panapur, Chapra to
measure/ demarcate the land of the petitioner which has been
encroached and thereafter, the encroached part be removed in
accordance with law.
13. The petitioner shall be co-operating in the matter
and the respondents shall be free to seek report/ put any other
aggrieved person on notice in this regard. The
demarcation/measurement has to be carried out within a period
of four weeks and the subsequent removal, if any, has to be
carried out in next four weeks.
14. The writ petition is disposed of with aforesaid
observation.
(Rajiv Roy, J)
Vijay Singh/-
U
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