Patna High Court
Ram Kishore SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed of without adjudicating the merits, with liberty granted to the petitioner to approach the appropriate authority for redress.
Summary
Ram Kishore Singh filed a writ petition alleging that various government officials were constructing a Panchayat Sarkar Bhawan on his ancestral land in Gulani, Banka district. He sought directions for the respondents to conduct a land measurement in his presence, to halt the construction, and to pay compensation with penal interest for the alleged encroachment. The petitioner also requested any other reliefs permissible under law. The court, after hearing counsel, granted the petitioner liberty to approach the appropriate authority or competent court for redressal of his grievance. Without expressing any view on the merits, the High Court disposed of the writ petition.
Issues considered
- What relief, if any, can a High Court grant in a writ petition seeking to stop construction on alleged ancestral property?
- Whether the court can direct respondents to conduct land measurement in the presence of the petitioner.
- Whether the court can order compensation and penal interest for alleged encroachment.
- Appropriate forum for adjudicating the grievance concerning land encroachment.
Subjects
- land encroachment
- ancestral property
- writ petition
- civil writ jurisdiction
- compensation
- Panchayat building
- jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3680 of 2025
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Ram Kishore Singh S/o- Chandeshwari Singh, R/o- Goriyama, P.O.- Gulani
Kushaha, P.S.- Shambhuganj, District- Banka.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary Rural Development
Department, Govt. of Bihar, Patna.
2. The Collector cum District Magistrate, Banka.
3. The Sub Divisional Magistrate, Banka.
4. The Circle Officer Shambhuganj, Block Banka.
5. The Executive Engineer, Rural Work Department, Banka.
6. The Block Development Officer Shambhuganj Anchal, Banka.
7. The Mukhiya, Gram Panchayat Gulani Khusha District Banka.
8. The Superintendent of Police, Banka.
9. The Officer In Charge, Shambhuganj Police Station, Banka.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajiv Ranjan Singh, Adv.
For the Respondent/s : Mr. Sunil Kumar Mandal, SC-3
Mr. Bipin Kumar, AC to SC-3
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 24-03-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
(i) For direction to the
Respondents to make measurement in the
presence of petitioner thereafter make
Panchayat Sarkar Bhawan at Gulani
Kushaha Mouja: Goriyama Thana No:-74
Khata No:-34 Khasra No: 43 in which No
objection was given by the circle officer.
Patna High Court CWJC No.3680 of 2025(3) dt.24-03-2026
2/2
(ii) to For direction to the
respondents stop the making process of
Panchayat Sarkar Bhawan on the ancestral
property of the petitioner Situated at Gulani
Kushaha Mouja: Goriyama Than No-Khata
No:-22 (KH) Kasra No:-74 40-41.
(iii) For Direction to the
respondent to pay compensation with penal
interest to petitioner for encroachment of
petitioner ancestral property bearing Mouja:
Goriyama Than No:-74 Khata No: 22 (KH)
Kasra No:- 40-41 situated at village Gulani
Kushaha.
(iv) For any other relief/relieves
which is entitle the petitioner according with
Law.
3. Learned counsel for the petitioner, after some
argument seeks liberty to approach appropriate authority/
Competent Court for the redressal of the grievance.
4. Granting said liberty and without commenting on
the merit of the case, the writ petition is disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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