Patna High Court
Pammi DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is dismissed, directing the petitioner to approach the Sub‑Divisional Magistrate for appropriate relief.
Summary
Pammi Devi filed a writ petition in the Patna High Court seeking an order directing the respondent, Ramesh Yadav, to vacate a portion of her land (Mauza 1st set, plot no. 808) where he was allegedly constructing a wall. The petitioner claimed that the respondent was forcefully encroaching on her property and asked the court to set free the land and grant any other reliefs she was entitled to. The petitioner’s counsel indicated that the grievance could be redressed before the Sub‑Divisional Magistrate, Paliganj, and the State counsel raised no objection to this approach. The Court observed that the appropriate remedy lay with the administrative authority and therefore disposed of the writ petition, directing the petitioner to approach the concerned Sub‑Divisional Magistrate with a proper petition. The order emphasized that once the parties are put on notice, the magistrate may pass an appropriate order. Consequently, the petition was not entertained on its merits and was dismissed.
Issues considered
- Whether the High Court can directly order the respondent to vacate the land alleged to be encroached upon.
- Whether the petitioner must first approach the Sub‑Divisional Magistrate for redressal of the land encroachment grievance.
Subjects
- land dispute
- property encroachment
- civil writ jurisdiction
- administrative remedy
- sub‑divisional magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4487 of 2026
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Pammi Devi W/o- Munshi Saw, R/o At and P.S- Dulhin Bazar, Dist- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Land Reform Department,
Govt. of Bihar, Patna.
2. The District Magistrate, Patna.
3. The Sr. S.P., Patna.
4. The S.D.O. Paliganj, Patna.
5. The Dy. S.P., Paliganj, Patna.
6. The Circle Officer, Dulhin Bazar, Paliganj, Patna.
7. The S.H.O Dulhin Bazar, Paliganj, Patna.
8. Sri Ramesh Yadav, S/o- Janki Yadav, R/o- Bari Chak, P.S.- Dulhin Bazar,
Dist.- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the State : Mr. Standing Counsel (16)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 15-04-2026 Heard Mr. Arvind Kumar, learned counsel for the
petitioner and learned counsel representing the State.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) to direct the respondent bearing Mauza
1st set to set free the land-Selhauri, Jamabandi
nо.212140600030550, Thana no. 240, Khata no.
302, plot no. 808, area 2.109375 decimal from
the respondent no. 8(2nd set) Ramesh Yadav who
forcefully try to construct wall for construction
Patna High Court CWJC No.4487 of 2026(2) dt.15-04-2026
2/2
of house upon the petitioner land.
(ii) any other relief (s) for which
petitioner entitled under the eye of law may be
given to her.”
3. After some argument, learned counsel for the
petitioner submits that he shall be approaching the Sub-
Divisional Magistrate, Paliganj, Patna (respondent no.4) for the
redressal of the grievance.
4. Learned State counsel has no objection.
5. In that background, the writ petition is disposed of
allowing the petitioner to approach the concerned respondent
and it is expected from him/her that if a proper petition is filed,
after putting the parties on notice, an appropriate order shall be
passed.
6. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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