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Patna High Court

Ashok Kumar LalversusThe Principal Secretary,

Decided
Disposal
DISPOSED

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
                                            2/3




                             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
                                                        3/3




                                         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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