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Patna High Court

Pammi DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                 ======================================================
                 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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