Patna High Court
Subodh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court disposed of the writ petition, directing the petitioner to approach the appropriate authority for redress, without granting the writs sought.
Summary
Petitioner Subodh Kumar filed a writ petition seeking a direction to the Collector to protect his land from alleged forcible capture by respondents 5‑7 and to direct the Sub‑Divisional Officer to maintain law and order over the disputed land. The petitioner also requested any other reliefs to which he might be entitled. The State counsel argued that any such petition would be taken to its logical conclusion if filed. The Court, after hearing both sides, declined to issue any writs and instead disposed of the petition, directing the petitioner to approach the appropriate authority or court for redress. No substantive merits on the land dispute were decided, and the matter was left for further adjudication by the designated authority.
Issues considered
- Whether the High Court can issue a writ directing the Collector and Sub‑Divisional Officer to protect the petitioner's land and maintain law and order, or must the petitioner approach the appropriate authority for relief.
Subjects
- land dispute
- illegal occupation
- writ of prohibition
- civil writ jurisdiction
- protection of property
- public authority
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2961 of 2026
======================================================
Subodh Kumar Son of Triloki Prasad Singh, Resident of village- Rajasan, P.S.
and Anchal Bidupur, District- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Bihar, Patna.
2. The Collector, Vaishali at Hazipur.
3. The Sub Divisional Officer, Hazipur, Vaishali.
4. The Circle Officer, Biddupur, Vaishali.
5. Harendra Paswan, Son of Late Lagan Paswan, Resident of village- Rajasan,
P.S. - Biddupur, District- Vaishali.
6. Dharmendra Paswan, Son of Harendra Paswan, Resident of village- Rajasan,
P.S. - Biddupur, District- Vaishali.
7. Rabindra Paswan, Son of Harendra Paswan, Resident of village- Rajasan,
P.S. - Biddupur, District- Vaishali.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the State : Mr. Standing Counsel (05)
: Mr. Kumar Pankaj, AC to SC-5
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 10-03-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of a writ in the nature of
direction to the respondent No. 2 to protect the
right of this petitioner and to restrain the
respondent no. 5 to 7 not to forcibly capture the
land of the petitioner.
(ii) for issuance of writ in nature of
Patna High Court CWJC No.2961 of 2026(2) dt.10-03-2026
2/2
direction to respondent no. 3 to maintain law
and order and to pass necessary prohibitory
order for maitaining peace over the Land.
(iii) to grant any other reliefs or reliefs
for which petitioner is entitled to.”
3. After some arguments, learned counsel for the
petitioner submits that he shall be approaching the appropriate
authority/court for the redressal of the grievances in next eight
weeks.
4. Mr. Kumar Pankaj, learned counsel representing
the State submits that if such petition is filed, the same will be
taken to its logical conclusion at an earliest.
5. Accepting the submissions put forward by the
parties, the writ petition is disposed of allowing the petitioner to
approach the appropriate authority/court who shall after
noticing/hearing all the parties, will take the matter to its logical
conclusion at an earliest.
(Rajiv Roy, J)
vinayak/-
U
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