Patna High Court

Hareram ManjhiversusThe State of Bihar

Decided: 18 April 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The petition was not entertained by the Court; the petitioner was directed to approach the Sub‑Divisional Officer for redress.

Summary

Hareram Manjhi petitioned the Patna High Court for a writ directing the State officials to demarcate his 4‑dhur land (Thana No. 228, Khata No. 95, Khesra No. 1192) which he alleged was being encroached by private respondents. The petition sought an order that the land not be encroached and that appropriate relief be granted. The Court observed that the proper forum for such a grievance is the Sub‑Divisional Officer, Maharajganj, Siwan, and directed the petitioner to approach that officer within four weeks. It further ordered that, if the petition is filed with the SDO, the officer must take the matter to its logical conclusion after giving notice to all relevant parties. No substantive decision on the encroachment claim was made; the writ petition was disposed with a direction to seek administrative remedy.

Issues considered

Whether the petitioner is entitled to a writ directing demarcation of his land and protection against encroachment
Whether the High Court can entertain the petition or must refer the matter to the appropriate administrative authority

Subjects

land demarcation
encroachment
civil writ jurisdiction
administrative remedy
land reforms

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.4714 of 2026
                 ======================================================
                 Hareram Manjhi Son of Late Bideshi Manjhi, Resident of Village- Murah
                 Rama Chapara, P.s.- Durawda, District Siwan.

                                                                       ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Revenue and Land
                 Department, Government of Bihar.
           2.    The District Magistrate, Siwan.
           3.    The Sub-Divisional Officer, Siwan.
           4.    The Deputy Collector, Land Reforms, Siwan.
           5.    The Circle Officer, Darawda, Siwan.
           6.    Baleshwar Manjhi, Son of Jaddu Manjhi, Resident of Village Murah Rama,
                 Chapara, P.S.- Durawda, District- Siwan.
           7.    Jaleshwar Manjhi, Son of Jaddu Manjhi, Resident of Village Murah Rama,
                 Chapara, P.S.- Durawda, District- Siwan.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Rabindra Kumar Tiwari, Advocate
                 For the Respondent/s   :     Mr. Raghwanand, GA-11
                                              Mr. Sanjay Kr. Tiwari, AC to GA-11
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   18-04-2026                 Heard Mr. Rabindra Kumar Tiwari, learned counsel for

                   the petitioner and the State.

                               2. The present petition has been preferred for the

                   following relief(s):

                                            “for issuance of appropriate writ / writs,
                                  order/orders, direction/directions to the Respondents
                                  to properly demarcate the land of the petitioner and
                                  ensure that petitioner's land bearing Thana No. 228,
                                  Khata No. 95, Khesra No. 1192 situated at Mauza
                                  Murah Rama Chapara, Siwan, measuring an area of
                                  4 dhurs, which was give to the petitioner by issuing
          Patna High Court CWJC No.4714 of 2026(2) dt.18-04-2026
                                                      2/2




                                    Basgit Parcha, is not encroached by the private
                                    respondents and for any other relief/s for any other
                                    relief/s for which the petitioner is found to be entitled
                                    in the facts and circumstances of the case.”

                                3. After some argument, learned counsel for the

                    petitioner submits that he shall be approaching the respondent no.

                    3, the Sub-Divisional Officer, Maharajganj, Siwan, for the

                    redressal of the grievance in next four weeks.

                                4. Learned State counsel submits that if such petition is

                    filed, it shall be taken to its logical conclusion in accordance with

                    law.

                                5. In that background, the writ petition stands disposed

                    of allowing the petitioner to approach the respondent no. 3, the

                    Sub-Divisional Officer, Maharajganj, Siwan in next four weeks. If

                    such petition is preferred in next four weeks, the respondent no. 3,

                    the Sub-Divisional Officer, Maharajganj, Siwan shall take the

                    matter to its logical conclusion, after noticing all the relevant

                    parties, at an earliest.



                                                  (Rajiv Roy, J)
Adnan/-

U

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