Patna High Court
Shambhu Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is dismissed and the petitioner is directed to approach the Collector, Samastipur, who is the appropriate authority to consider and dispose of the grievance.
Summary
The petitioner, Shambhu Kumar Jha, filed a writ petition seeking a mandamus directing various government officials to remove encroachments on his land and to shift a brick road. The petition alleged illegal use of his land by the respondents, who are officials of the Bihar government. The High Court examined whether the writ could be entertained and identified the appropriate authority to address the grievance. With the parties' consent, the Court directed the petitioner to file a proper petition before the Collector of Samastipur within eight weeks, attaching supporting documents. The Court ordered that the Collector, after hearing both sides, should decide the matter and, if the grievance is upheld, hold the respondents responsible for the illegal encroachment. The writ petition was therefore disposed of with the said direction.
Issues considered
- Whether the High Court can issue a writ of mandamus directing removal of encroachment on private land by government officials
- Whether the appropriate forum for redress of the petitioner’s grievance is the Collector, Samastipur
Subjects
- encroachment
- writ of mandamus
- land dispute
- public authority
- jurisdiction
- civil writ
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3407 of 2026
======================================================
Shambhu Kumar Jha Son of Late Chandra Kishore Jha, Residence of Village-
Akhtiyarpur Balbhadr, P.S- Sarairanjan, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary Government of Bihar Main
Secretariat Patna.
2. The Principal Secretary, Road construction, Government of Bihar Vikash
Bhawan, Baily Road Patna.
3. The Principal Secretary, Rural works Department, Government of Bihar
Vishweshwaraiya Bhawan, Bailey Road Patna.
4. The Collector-Cum-District Magistrate Samastipur Collectorate, Samastipur.
5. The Circle Officer Sarairanjan Block, Distt- Smastipur.
6. The Assistant Engineer Rural works Department Sarairanjan Block, Distt-
Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sujit Kumar Singh, Advocate
For the State : Mr. Additional Advocate General (9)
: Mr. Anil Kumar Verma, AC to AAG-9
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 16-03-2026 Heard Mr. Sujit Kumar Singh, learned counsel for
the petitioner and Mr. Anil Kumar Verma, learned AC to AAG-9
representing the State.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) issuance of a direction/ Order or
proper writ in to nature of a writ of mandamus
commanding the respondents remove the
encroachment from the land of the petitioner.
Patna High Court CWJC No.3407 of 2026(2) dt.16-03-2026
2/3
(ii) issuance of a direction/ order on
writ in the nature of a writ of mandamus
commanding the respondents to remove the
encroachments of the Government land which is
situated in the boundary of the land of the
petitioner and shift the bricks road on that land.
(iii) issuance of a direction/directions
order/orders to which the petitioner may be
found entitled to in the facts and circumstances
of the case.”
3. The prayer/grievance of the petitioner shows that it
has to be taken up/considered and to be decided by the
respondent no.4, the Collector, Samastipur.
4. In that background, with the consent of the parties,
the writ petition is disposed of directing the petitioner to
approach the aforesaid respondent in next eight weeks by filing
a proper petition alongwith supporting documents.
5. In case, it is filed, the Collector, Samastipur shall
be taking up the matter and after hearing the parties and will be
disposing of the matter at an earliest.
6. In case, the grievance of the petitioner is found to
be correct, the Collector, Samastipur shall also be fixing
Patna High Court CWJC No.3407 of 2026(2) dt.16-03-2026
3/3
responsibility against the respondents who have illegally used
the land of the petitioner.
7. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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