Patna High Court
Ramswaroop Manjhi @ Ramswaroop BhuiyanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed of without granting the reliefs, pending proper hearing and order by the concerned authority.
Summary
The petitioner, Ramswaroop Manjhi, filed a writ petition seeking a certiorari to quash an order directing him to remove alleged encroachment on land in Sheikhpura, and a mandamus to prevent disturbance of his peaceful possession of land purchased in 1992. He also requested any other appropriate writs for equitable justice. The respondent authorities issued a notice dated 18-11-2025, which the petitioner sought to reply to. The Court observed that the notice had been issued and that the concerned authority must hear the parties and pass an appropriate order before any further steps can be taken. Consequently, the Court disposed of the writ petition without granting the reliefs sought.
Issues considered
- Whether the order directing the petitioner to remove alleged encroachment should be quashed.
- Whether a writ of mandamus should be issued to prevent disturbance of the petitioner's peaceful possession of the purchased land.
- Whether any other writs or orders are appropriate under the facts.
Subjects
- certiorari
- mandamus
- land encroachment
- peaceful possession
- civil writ jurisdiction
- property law
- notice
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5407 of 2026
======================================================
Ramswaroop Manjhi @ Ramswaroop Bhuiyan S/o-Lakhan Manji @ Lakhan
Bhuiyan, R/o- Village- Mohri Bandh, P.S- Jhuriya, District- Dhanbad,
Jharkhand. At Present R/o-Mohalla- Budhauli, Sheikhpura, P.S and District-
Sheikhpura.
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate Sheikhpura.
2. The District Magistrate, Sheikhpura.
3. The superintendent of Police, District-Sheikhpura.
4. The DySP Sheikhpura, District- Sheikhpura.
5. The Circle Officer Sheikhpura, District- Sheikhpura.
6. The officer in-charge Sheikhpura, District- Sheikhpura.
7. The Executive officer Nagar Parishad, Sheikhpura, District- Sheikhpura.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar
For the Respondent/s : Mr. Standing Counsel (4)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 04-05-2026 Heard Mr. Pankaj Kumar, learned counsel for the
petitioner and the State.
2. The present writ petition has been preferred for:
“i. to issue and appropriate Writ in
the nature of Certiorari for quashing by
Respondent No. 7, Executive officer, has
been pleased to direct the petitioner to
removed alleged encroachment made by him
upon the land situated in revenue village-
Budhauli, Thana No- 188 Police station and
Patna High Court CWJC No.5407 of 2026(3) dt.04-05-2026
2/3
district- Sheikhpura appertaining to Khata
No 188, Khesra No 272 Area-4.125 Decimal,
Which has been Allegedly encroached by the
petitioner.
ii. That Your Lordships may
further be pleased to issue an appropriate
writ in the nature of MANDAMUS to
commanding and directing the Respondent
authorities to not Disturb the Peaceful
possession of Purchased land Purchased by
Registered deed Dated 21.05.1992,
Purchased from one shanti Devi, who was
Raiyati owner of the land Situated in Thana
No 188, Tauzi No 3824, Anchal Sheikhpura,
appertaining to Khata No 106, Khesra No
272, Area 3.25 Decimal and over which
petitioner is continuing his peaceful
possession since last 32 Years and paying
the rent to Nagar Palika Sheikhpura,
Respondent No 7 Executive officer.
iii. Further for issuance of an
appropriate any other writ/writs,
Patna High Court CWJC No.5407 of 2026(3) dt.04-05-2026
3/3
order/orders, direction/directions for which
petitioner shall be found entitled under the
facts and circumstances of the case as state
below for equitable justice.”
3. After some argument, learned counsel for the
petitioner submits that he shall reply to the notice dated
18.11.2025.
4. This Court has taken note of the content of the
notice and can only comment that was the notice has been
issued. The concern authority will have to hear the parties, pass
an appropriate order and only thereafter any step can be taken.
With the aforesaid observation, this writ petition is disposed of.
(Rajiv Roy, J)
atul/-
U T
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