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Patna High Court

Md. Mumtaz AhmadversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




                             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
                                                        3/3




                                         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/-

U


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