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Patna High Court

Sanjay Kumar JaisawalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the writ petition must be disposed by directing the petitioners to file a representation before the CEO‑DC and the respondent to decide it within three months.

Summary

The petitioners filed a writ petition seeking mandamus to compel the Zila Parishad to settle lands in their favour, to restrain blockage of their ingress and egress, and to order consideration of a representation filed by them. The High Court examined the nature of the reliefs and the factual circumstances. It concluded that the petitioners should first file a representation before the Chief Executive Officer‑cum‑Deputy Development Commissioner of the Zila Parishad within four weeks. The Court directed the respondent to decide the representation within three months and communicate the result. Accordingly, the writ application was disposed with these procedural directions.

Issues considered

  • Whether the petitioners are entitled to a writ of mandamus directing settlement of land in their favour
  • Whether a writ of mandamus can be issued to restrain the respondents from blocking the petitioners' ingress and egress
  • Whether the petitioners must first file a representation before the appropriate authority before the court can grant relief

Subjects

  • writ jurisdiction
  • mandamus
  • land settlement
  • Zila Parishad
  • representation
  • Civil writ
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.3880 of 2026
                 ======================================================
           1.     Sanjay Kumar Jaisawal, Son of Lakshmi Prasad Gupta, Resident of Village
                 and Police Station Pakaridayal, District- East Champaran.
           2.    Krishna Bhushan Prasad Jaisawal, Son of Shivji Prasad Sah, Resident of
                 Village and Police Station Pakaridayal, District- East Champaran.
           3.    Sandeep Kumar, Son of Anil Kumar Jaisawal, Resident of Village and Police
                 Station Pakaridayal, District- East Champaran.

                                                                               ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar through the District Magistrate-cum-Collector, East
                 Champaran, Motihari.
           2.    The Chairman, Zila Parishad, East Champaran, Motihari.
           3.    The Chief Executive Officer -cum- Deputy Development Commissioner,
                 Zila Parishad, East Champaran, Motihari.
           4.    The District Engineer, Zila Parishad, East Champaran, Motihari.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioners       :      Mr. Raj Shekhar, Advocate
                 For the State             :      Government Pleader-7
                 For the Zila Parishad     :      Mr. Sanjay Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   26-03-2026                   Heard learned counsel for the petitioners and learned

                   counsel for the respondents including the Zila Parishad, East

                   Champaran, Motihari.

                                 2. The petitioners have filed the instant application for

                   the following reliefs :-

                                                  “i) For issuance of an appropriate
                                         writ/s, direction/s, order/s in the nature of
Patna High Court CWJC No.3880 of 2026(2) dt.26-03-2026
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                             mandamus for commanding the respondents to
                             settle the lands belongs to the respondent Zila
                             Parishad in the favour of the petitioners.
                                         ii) For issuance of an appropriate
                             writ/s, direction/s, order/s in the nature of
                             mandamus for commanding the respondent/s to
                             restrain the respondent/s to block the ingress and
                             egress of the petitioners.
                                         iii) For issuance of an appropriate
                             writ/s, direction/s, order/s in the nature of
                             mandamus for commanding the respondent/s to
                             pass necessary orders on the representation filed
                             by the petitioners after affording them to chance
                             of hearing.
                                         iv) Any other relief/s for which the
                             petitioners may found entitled by this Hon'ble
                             court.”

                      3. In view of the facts and circumstances of the case

          and the nature of reliefs prayed for herein, the writ application is

          disposed of directing the petitioners to file a representation

          before the Chief Executive Officer - cum - Deputy Development

          Commissioner, Zila Parishad, East Champaran, Motihari

          (respondent no.3) within a period of four weeks.

                      4. In case such a representation is filed along with a

          copy of this order, the respondent no.3 shall decide the same in

          accordance with law within a period of three months from the

          date of its filing and communicate the result thereof to the
            Patna High Court CWJC No.3880 of 2026(2) dt.26-03-2026
                                                        3/3




                      petitioners forthwith.

                                  5. The writ application stands disposed of with the

                      above observations and directions.



                                                   (Partha Sarthy, J)
avinash/-

U


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