Patna High Court
Chandeshwari Yadav @ Chandeshwari Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the State respondents had acted bona‑fide and restored possession, therefore the petition was dismissed.
Summary
The petitioners, Chandeshwari Yadav and wife, sought a writ of mandamus directing the State of Bihar and various officials to restore peaceful possession of approximately 5.44 acres of land in Mauza‑Raghunathpur that had been illegally settled in favour of private respondents. They also requested removal of the private occupants, production of records, and compensation for losses incurred. The State respondents filed affidavits stating that they had deployed sufficient administrative and police forces to remove the encroachers and restore possession to the rightful owners. The petitioner argued that some grievances remained despite the alleged restoration. The Court examined whether the State had acted bona‑fide and fulfilled its duty to restore possession, concluding that the remedial actions taken were satisfactory. Consequently, the Court disposed of the petition, noting that any further aggrieved parties could approach appropriate forums.
Issues considered
- Whether the petitioners are entitled to a writ of mandamus directing the State to restore possession of the disputed land.
- Whether the State respondents have fulfilled their statutory duty by removing encroachments and restoring possession.
- Whether further relief such as compensation or additional orders are warranted after the State's actions.
Subjects
- land reform
- illegal settlement
- writ of mandamus
- possession
- encroachment
- compensation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3921 of 2023
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1. Chandeshwari Yadav @ Chandeshwari Prasad Yadav Son of Late Kunj
Bihari Yadav Resident of Ward No.- 3, Near Bank of Baroda, Raghunathpur
South, P.S. - Bhargama, District - Araria.
2. Suchita Devi, Wife of Chandeshwari Yadav @ Chandeshwari Prasad Yadav,
Resident of Ward No.- 3, Near Bank of Baroda, Raghunathpur South, P.S. -
Bhargama, District - Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Government of Bihar, Patna.
2. The Director, Department of Revenue and Land Reforms, Government of
Bihar, Patna.
3. The District Magistrate, Araria.
4. The Sub Divisional Officer, Araria.
5. The Deputy Collector Land Reforms, Forbesganj, Araria.
6. The Circle Officer, Bhargama, District Araria.
7. The Officer in Charge, Bhargama Police Station, Araria.
8. Bhupendra Rishi, Son of Lutan Rishi, Resident of Village - Raghunathpur,
P.S. - Bhargama, District - Araria.
9. Sita Ram Rishi, Son of Lutan Rishi, Resident of Village - Raghunathpur, P.S.
- Bhargama, District - Araria.
10. Chandeshwari Rishi, Son of Panchu Rishi, Resident of Village -
Raghunathpur, P.S. - Bhargama, District - Araria.
11. Lakhiya Devi, wife of Late Jawahar Rishi, Resident of Village -
Raghunathpur, P.S. - Bhargama, District - Araria.
12. Jhameli Rishi, Son of Late Fani Rishi, Resident of Village - Raghunathpur,
P.S. - Bhargama, District - Araria.
13. Kheli Rishi, Son of Late Fani Rishi, Resident of Village - Raghunathpur, P.S.
- Bhargama, District - Araria.
14. Bilat Rishi, Son of Late Bhawi Rishi, Resident of Village - Raghunathpur,
P.S. - Bhargama, District - Araria.
15. Aghaniya Devi, Wife of Bittu Rishi, Resident of Village - Raghunathpur,
P.S. - Bhargama, District - Araria.
16. Manoj Rishi, Son of Late Ramadhin Rishi, Resident of Village -
Raghunathpur, P.S. - Bhargama, District - Araria.
17. Ramanand Rishi, Son of Raudi Rishi, Resident of Village - Raghunathpur,
P.S. - Bhargama, District - Araria.
... ... Respondent/s
======================================================
Patna High Court CWJC No.3921 of 2023(10) dt.07-04-2026
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Appearance :
For the Petitioner/s : Mr. Krishna Chandra, Adv.
For the Respondent/s : Mr. Sajid Salim Khan ( Sc 25 )
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
10 07-04-2026 Heard Mr. Krishna Chandra, learned counsel for the
petitioner and Mr. Sajid Salim Khan, learned Senior Counsel
representing the State.
2. The present application has been preferred for the
following relief(s):
a. For issuance of an appropriate
Writ/Writs, direction/directions in the nature
of Mandamus or order/orders directing the
respondents to restore peaceful possession of
the Petitioners over the land appertaining to
Mauza-Raghunathpur, Thana No.-96, Khata
No.-1155, Khesara No.-3994 (5 Acre 44
Decimal) and Khesara No.-3999 (9 Decimal)
within the District of Araria, which was
illegally settled by the Settlement Officer in
favour of the private respondents.
b. For issuance of direction to
remove the private respondents from the land
in question in compliance of the order dated
13.05.2013 passed by Deputy Collector Land
Reforms, Forbesganj, Araria in Case No.-
269/12-13.
c. For further kind indulgence of
this Hon'ble Court to look into the matter
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and the concerned respondents may be
directed to produce all connected records for
perusal for passing an appropriate order for
ensuring payment of adequate compensation
by quantifying the loss incurred to the
petitioner during these periods.
d. For any other relief/reliefs that
the Hon'ble court may grant in the interest of
the petitioner that may be deemed
appropriate and necessary in this case
3. After different orders including the last order dated
09.03.2026 passed by this Court, the State respondents finally
acted in the matter. The third supplementary counter affidavit
filed on behalf of the respondent nos. 3 to 6 records in
paragraph nos. 6 to 8 that with the sufficient number of
administrative/ police forces, they ensured that the
encroachment is removed and the owners are/were restored their
respective possessions. The encroachers created problems which
were overcome in the process of removal. Ultimately, the forces
prevailed and possession was restored.
4. Learned counsel for the petitioner submits that
some grievance still remains.
5. This Court is of the opinion that now that the State
respondents have acted bonafidely and have ensured possession/
restoration of the land; forums are always available for those
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who are still aggrieved where they can agitate the matter. Time
has come to consign this file.
6. Accordingly, ordered.
7. CWJC No. 3921 of 2023 is disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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