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Patna High Court

Shyama Kant PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed as the petitioner must seek relief under the Bihar Land Disputes Resolution Act, 2009.

Summary

Shyama Kant Prasad, a settled land holder of 1.80 acres in Bankatwa, alleges that respondents 11‑13 have illegally encroached upon his land and seeks a writ directing removal of the encroachment and protection of his cultivation. The State counsel contended that under Section 4 of the Bihar Land Disputes Resolution Act, 2009, the petitioner has a specific statutory remedy before a competent authority. The court examined the provisions of Section 4, which confer exclusive jurisdiction to the designated authority for disputes involving unauthorized dispossession of settled land. It held that the petitioner must pursue the remedy under the Act rather than a writ petition, directing him to file a proper petition within eight weeks. Accordingly, the writ petition was disposed of without granting any relief.

Issues considered

  • What is the appropriate forum for redress of alleged illegal encroachment on settled land under the Bihar Land Disputes Resolution Act, 2009?
  • Whether the High Court can entertain a writ petition when a specific statutory remedy under Section 4 of the Act is available?

Subjects

  • land encroachment
  • settled land
  • writ jurisdiction
  • Bihar Land Disputes Resolution Act
  • Section 4
  • competent authority
  • civil remedy

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.3583 of 2026
                 ======================================================
                 Shyama Kant Prasad S/o Narain Prasad Bihari, R/o Village- Bankatwa, P.O.-
                 Bankatwa, P.S- Jitna, District- East Champaran.

                                                                        ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the District Magistrate, East Champaran at
                 Motihari.
           2.    The Collector-cum-District Magistrate, Motihari, East Champaran.
           3.    The Additional Collector, East Champaran, Motihari.
           4.    The Sub-Divisional Magistrate, Sikrahana, District- East Champaran.
           5.    The Deputy Collector, Land Reforms, Sikrahana, District- East Champaran.
           6.    The Anchal Adhikari, Ghorasahan Anchal, P.S- Ghorasahan, District- East
                 Champaran.
           7.    The Anchal Adhikari, Bankatwa, District- East Champaran.
           8.    The Halka Karamchari, Ghorasahan Block, District- East Champaran.
           9.    The Anchal Amin, Bankatwa Block, District- East Champaran.
           10. The S.H.O., Bankatwa Police Station, District- East Champaran.
           11. Jawahar Prasad Yadav, S/o Lal Ram Narain, R/o Village and P.S- Bankatwa,
               District- East Champaran.
           12. Lal Babu Prasad, S/o Lal Daya Nand, R/o Village and P.S- Bankatwa,
               District- East Champaran.
           13. Vijay Kumar, S/o Panch Nanda Pd. Yadav, R/o Village and P.S- Bankatwa,
               District- East Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Kumar Vikram, Advocate
                                               Mr. Binod Kumar Singh, Advocate
                 For the Respondent/s   :      Mr. Government Pleader 20
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   17-03-2026                   Heard the parties.

                                 2. The present petition has been preferred for the

                   following relief(s):

                                              “I. For issuance of an appropriate
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                          writ/order or direction(s) for directing and

                          commanding the respondent authorities to remove

                          the illegal encroachment made by the Respondents

                          No.- 11 to 13 upon the settled land of the petitioner

                          under Thana No. 22 bearing Khata No. 12, Plot

                          No. 190/1, Plot No. 190/3, situated in Village-

                          Bankatwa, P.S. Ghorasahan, now Police Station.

                          Jitna, Area 1.80 acres, was settled to the petitioner

                          vide Case No.- 9/86-87. Anumandaliya Record

                          No.- 519/30.06.87, Anchal Record No.-9/1986-87

                                      II. For issuance of an appropriate

                          writ/order or direction(s) for commanding and

                          directing the respondent authorities to protect the

                          petitioner in cultivation of his land, which was duly

                          settled to him, and if necessary, the settled land be

                          measured, again under the law for which the

                          petitioner is ready to Mapi/measurement cost,

                          excluding the remaining land of plot no. 190.

                                      III. For any other relief or reliefs which

                          the petitioner is entitled for.”

                      3. At the outset, learned State counsel submits that

          under Section 4 of the Bihar Land Disputes Resolution Act,
Patna High Court CWJC No.3583 of 2026(2) dt.17-03-2026
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          2009 (henceforth for short ‘the Act’), the petitioner has the

          remedy.

                      4. Section 4 of ‘the Act’ read as follows:


                                        “4. Jurisdiction and authority to resolve

                          disputes.- (1) The Competent Authority shall

                          have jurisdiction and authority to hear and

                          adjudicate, on an application or complaint or on

                          any application referred to by a Prescribed

                          Authority or officer, any issue arising out of

                          following types of disputes:-


                                        (a)     Unauthorised         and    unlawful

                          dispossession of any settlee or allottee from any

                          land or part thereof, settled with or allotted to

                          him under any Act contained in Schedule-1 to

                          this    Act     by        issuance   of    any   settlement

                          document/parcha by a Competent Authority;


                                        (b)    Restoration      of    possession   of

                          settled/allotted land in favour of legally entitled

                          settlee/allottee or his successors/heirs, upon

                          adjudication of unauthorized and unlawful

                          dispossession;
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                                      (c) Threatened dispossession of a

                          legally entitled settlee/allottee;


                                      (d) Any of the matters enumerated in

                          (a), (b) and (c) above appertaining to raiyati

                          land;


                                      (e) Partition of land holding;


                                      (f) Correction of entry made in the

                          Record of Rights including map/ survey map;


                                      (g) Declaration of the right of a

                          person;


                                      (h) Boundary disputes;


                                      (i)    Construction      of   unauthorized

                          structure; and


                                      (j) Lis pendens transfer.


                                      (2) The Competent Authority shall not

                          have jurisdiction to review or reopen any finally

                          concluded and adjudicated proceeding under

                          any of the Acts contained in Schedule-1. The

                          Competent Authority shall exercise his authority

                          for resolving the dispute brought before him on
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                          the basis of any final order passed by any of the

                          authorities empowered to do so in the Acts

                          contained in Schedule-1 of this Act.


                                      (3) The Competent Authority shall not

                          have jurisdiction to adjudicate any fresh rights

                          of allottee/settlee or a raiyat which is not yet

                          determined and is required to be determined in

                          accordance with provisions contained in any of

                          the Acts contained in Schedule-1:Provided that

                          where rights of allottee/settlee or raiyat are

                          already determined under any of the Acts

                          contained         in    Schedule-1,   the   Competent

                          Authority shall have jurisdiction to entertain

                          cases appertaining to matters enumerated in

                          sub-section (1).


                                      (4)         Notwithstanding      anything

                          contained in sub-section (2) and (3) hereinabove,

                          if no provision is made in any of the Acts

                          contained in Schedule-1 for determination of

                          rights of allottee/settlee or raiyat and claimed

                          right is yet to be determined, it shall be open to

                          the Competent Authority to finally determine
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                                    such right.


                                                (5)         The    Competent   Authority,

                                    wherever it appears to him that the case

                                    instituted before him involves complex question

                                    of adjudication of title, he shall close the

                                    proceeding and leave it open to parties to seek

                                    remedies before the competent Civil Court.”

                                5. Learned counsel for the petitioner submits that

                    though he is ready to approach the concerned authority, they

                    generally take longer time in deciding it.

                                6. Considering the submission of the parties as also

                    taking note of Section 4 of ‘the Act’, let the petitioner prefer a

                    proper petition under ‘the Act’ in next eight weeks before the

                    Authority concerned who shall be noticing/hearing and taking

                    the matter to its logical conclusion preferably within a period of

                    one year from the date, the petition is preferred.

                                7. With the aforesaid observation, the writ petition

                    stands disposed of.



                                                  (Rajiv Roy, J)
Adnan/-

U


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