Patna High Court
Ashok Kumar LalversusThe Principal Secretary,
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is dismissed and the petitioner is directed to approach the District Magistrate‑cum‑Collector for relief.
Summary
Ashok Kumar Lal filed a writ petition seeking mandamus directing several revenue and police officials not to construct on his two plots (Khata No. 636) in Tektar village, to have the land measured, to remove an encroachment made by the Mukhiya with block authority’s consent, and to maintain the status quo. The petitioner claimed ownership of Plot 733 (10.040 decimal) and Plot 640 (15.061 decimal). Counsel for the petitioner indicated he would approach the District Magistrate‑cum‑Collector for redress, while the State counsel argued the petition should be dealt with according to law. After hearing both sides, the Court disposed of the writ petition, directing the petitioner to approach the District Magistrate‑cum‑Collector, who shall issue notice and pass a reasoned order. No writs were granted and the matter was left for administrative resolution.
Issues considered
- Whether the High Court can issue a writ of mandamus directing the respondents to refrain from construction, measure the land, and remove the encroachment on the petitioner’s property.
- Whether the petitioner must first approach the District Magistrate‑cum‑Collector for relief before seeking judicial intervention.
Subjects
- writ of mandamus
- land encroachment
- construction prohibition
- land measurement
- status quo
- administrative law
- Bihar land reforms
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4484 of 2026
======================================================
Ashok Kumar Lal son of Late Nawal Kishore Lal, resident of Village- Tektar,
Gate No. 13, Post- Madhupur, Block- Singhwara, Police Station - Kamtaul,
District- Darbhanga
... ... Petitioner/s
Versus
1. The Principal Secretary, Department of Revenue and Land Reforms,
Government of Bihar, Patna.
2. The District Magistrate, Darbhanga.
3. The Sub Divisional Officer, Darbhanga Sadar Division, Darbhanga.
4. The Block Development Officer, Block- Singhwara, Darbhanga.
5. The Circle Officer, Block - Singhwara, Darbhanga.
6. The Officer-in-Charge, Police Station- Singhwara, Darbhanga.
7. Bandana Kumari Karn Mukhiya of Tektar Panchayat, P.S.- Singhwara,
District- Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Digvijay Narayan Singh, Advocate
For the State : Mr. Government Advocate (2)
: Mr. Akhileshwar Singh, AC to GA-2
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 15-04-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of Writ especially in nature
of Mandamus Directing and commanding to the
Respondents concern not to make any
construction over the Land bearing Plot no. 733
having Khata No.636 and Plot no. 640 having
Khata No.636 both situated under Village-Tektar,
Patna High Court CWJC No.4484 of 2026(2) dt.15-04-2026
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Anchal- Singhwara, District-Darbhanga,
consisting an area of 10.040 decimal and area of
15.061 decimal which is belonging to the
petitioner.
(ii) for issuance of writ in the nature of
Mandamus directing the respondent no. 5 to
measure the land bearing Plot no. 733 having
Khata No.636 and Plot no. 640 having Khata
No.636 both situated under Village-Tektar,
Anchal- Singhwara, District-Darbhanga,
consisting an area of 10.040 decimal and area of
15.061 decimal of the petitioner after issuing
notice to all the boundary raiyats.
(iii) for issuance of writ in the nature
of Mandamus directing the respondents to take
steps to remove the encroachment made by the
Mukhiya under consent of the Block authority
over the land of the petitioner.
(iv) during Pendency of this writ
Petition the status quo may kindly be maintained
over the land in question.
(v) for any other writ/writs,
Patna High Court CWJC No.4484 of 2026(2) dt.15-04-2026
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order/orders, direction/Directions for which the
Petitioner is legally entitled.”
3. After some argument, learned counsel for the
petitioner submits that he shall be approaching the respondent
no.2, the District Magistrate-cum-Collector, Darbhanga for the
redressal of the grievance.
4. Learned State counsel submits that if such petition
is filed, the same shall be taken to its logical conclusion in
accordance with law.
5. In that background, the writ petition is disposed of
allowing the petitioner to approach the respondent no.2, the
District Magistrate-cum-Collector, Darbhanga, who shall be
putting the parties on notice and shall pass a reasoned order, at
an earliest.
6. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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