Patna High Court
Md. Mumtaz AhmadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court declined to issue the writs and disposed of the petition, granting the petitioner liberty to approach the appropriate authority for redressal.
Summary
The petitioner, Md. Mumtaz Ahmad, filed a writ petition seeking writs directing several government officials to execute an order dated 19‑01‑2021 passed in Misc. Case No. 257/2019, which had ordered removal of encroachments on an 18 × 247 ft public road (aam rasta) in Bodh Gaya, Gaya district, and to restrain certain respondents from constructing on that land. The reliefs also included a direction to the Deputy Collector to enforce the order and to prevent further alienation of the road. The State counsel raised no objection to the petition. After hearing, the Court observed that the petitioner could approach the appropriate authority for redressal and therefore declined to issue the writs. The petition was consequently disposed of by Justice Rajiv Roy.
Issues considered
- Whether the High Court can issue writs under Section 133 of the Criminal Procedure Code to compel execution of an order passed in a miscellaneous civil case concerning removal of encroachments on a public road.
- Whether the petitioner is entitled to specific directions restraining the named respondents from constructing or alienating the said public road.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 133
Subjects
- writ jurisdiction
- Section 133 CrPC
- encroachment
- public road
- land reform
- execution of order
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.373 of 2026
======================================================
Md. Mumtaz Ahmad S/o Late Haji Mohammad Mumtaz Ahmad, Resident of
Village-Pachatti, P.S.-Bodhgaya, Dist Gaya Ji.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reform Department, Patna.
2. The Principal Secretary, Revenue and Land Reform Department, Govt. of
Bihar, Patna.
3. The Commissioner, Magadh Division, Gaya Ji.
4. The Collector, Gaya Ji.
5. The Deputy Collector Land Reforms, Sadar, Gaya Ji.
6. The Sub Divisional Magistrate, Sadar, Gaya Ji.
7. The Circle Officer, Bodh Gaya.
8. Md. Shamimuddin alias Naki Langri, S/o Nanki Langri, Resident of Village-
Pachatti, P.S.-Bodh Gaya, Dist Gaya Ji.
9. Md. Jawed alias Nanki Langri, S/o Zahir Mian, Resident of Village-Pachatti,
P.S.-Bodh Gaya, Dist Gaya Ji.
10. Md. Shafaque, S/o Md. Shamimuddin alias Langri, Resident of Village-
Pachatti, P.S.-Bodh Gaya, Dist Gaya Ji.
11. Md. Qasaf, S/o Md. Shamiuddin alias Langri, Resident of Village-Pachatti,
P.S.-Bodh Gaya, Dist Gaya Ji.
12. Md. Sad, S/o Md. Shamimuddin alias Langri, Resident of Village-Pachatti,
P.S.-Bodh Gaya, Dist Gaya Ji.
13. Umar Farooque alias Azam, S/o Md. Shamimuddin alias Langri, Resident of
Village-Pachatti, P.S.-Bodh Gaya, Dist Gaya Ji.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amar Alam, Advocate
: Mr. Majid Mahboob Khan, Advocate
For the State : Mr. Manoj Kumar Ambastha, SC-26
: Mr. Santosh Kumar Mishra, AC to SC-26
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 19-01-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of appropriate writ(s)
Patna High Court CWJC No.373 of 2026(2) dt.19-01-2026
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thereby commanding and directing the
respondent No. 06 to execute its own order dated
19.01.2021 passed in Misc. Case No 257/2019
U/S 133 Cr.P.C. (Md. Mumtaz Ahmad V/s Md
Shamimuddin) whereby while allowing the said
case in favour of the petitioner said Respondent
No. 06 has directed the Respondent No-07 to get
the encroached rasta free from encroach as out
by initiating encroachment case against the
Respondent No. 8 to 13 who are encroachers
upon 18 x 247 Feet rasta situated in Khata
No. 0 249/947, Plot No. 2296/2297 at Mauza-
Miabigha, P.S Bodhgaya, Dist - Gaya Ji.
(ii) For also issuance of appropriate
writ(s) thereby commanding upon the respondent
No 7 to comply the order direction dated
19/01/2021 passed in Misc. Case No-257/2019
by starting Encroachment proceedings against
the Respondent nos 8 to 13 and to get the aam
rasta measuring 18 x 247 feet in Khata No
249/947, Plot nos 2296/2297 at Mouza-
Miabigha, P.S.-Bodhgaya, free from
Patna High Court CWJC No.373 of 2026(2) dt.19-01-2026
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encroachment nos. 8 to 13.
(iii) for also restraining the respondent
nos 8 to 13 from making any kind of constructing
and/or alienating the aam rasta measuring 18 x
247 ft. on plot nos 2296/2297 of the said land.
(iv) for grant of any other relief(s)
which the petitioner may be entitled to in the
facts and circumstances of the case.”For grant
of any other relief (s) which the petitioner may
be entitled to in the facts and circumstances of
the case.
3. After some arguments, learned counsel for the
petitioner submits that he shall be approaching the appropriate
authority for the redressal of the grievance.
4. Learned State counsel has no objection.
5. In that background, granting said liberty, the writ
petition is disposed of.
(Rajiv Roy, J)
vinayak/-
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