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Patna High Court

Vindeshwar Paswan @ Binda PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the writ petition should be disposed and the dispute referred to the District Collector for adjudication, rather than granting mandamus.

Summary

The petitioner, Vindeshwar Paswan, filed a writ petition seeking a mandamus directing the State of Bihar and its officials to remove an illegal building constructed on his Khatiyani land and to evict a chowkidar occupying part of the land. He claimed the construction under the Samekit Baal Vikas Sewa Pariyojna was done without due process and that his representation before the District Collector remained pending. The respondents contended that the matter would be taken up to its logical conclusion. After hearing both sides, the Court observed that the appropriate forum for redress is the District Collector, who should issue notice, hear the parties, and pass a reasoned order by the end of the year. Consequently, the writ petition was disposed with the direction to pursue the matter before the Collector, and no mandamus was granted.

Issues considered

  • Whether the respondents illegally constructed a building on the petitioner's Khatiyani land without due process.
  • Whether the petitioner is entitled to a writ of mandamus directing removal of the encroachment and eviction of the occupant.
  • Whether the High Court should intervene directly or refer the matter to the administrative authority (District Collector) for resolution.

Subjects

  • mandamus
  • land encroachment
  • eviction
  • administrative law
  • district collector
  • public welfare scheme
  • high court
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5459 of 2026
                 ======================================================
                 Vindeshwar Paswan @ Binda Paswan Son of Late Rameshwar Paswan
                 Resident of Village- Chandi, P.S.- Kamtaul, Pindaruch, Sheikh Patti, District-
                 Darbhanga- 847306.

                                                                     ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through its Principal Secretary, Social Welfare
                 Department (I.C.D.S.), Government of Bihar, Patna.
           2.    The District Collector, Darbhanga.
           3.    The Child Development Programme Officer, Kewti, Darbhanga.
           4.    The Anchal Adhikari, Kewti, Darbhanga.
           5.    Nand Kishore Paswan, (Chowkidar), Son of Late Ram Prasad Paswan
                 Resident of Village- Sheikh Paatti, Chandi, P.S.- Kamtaul, District-
                 Darbhanga.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Azhar Hussain, Advocate
                 For the Respondent/s   :        Mr.Mujtabaul Haque, GP (12)
                                                 Mr. Vasant Vikash, AC to GP-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   27-04-2026                  Heard the parties.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) a writ in the nature of mandamus or any

                                            other writ order or orders directing the

                                            respondent      authorities    to     immediately

                                            remove    the     encroachment        upon    the

                                            Khatiyani land of the petitioner situated at

                                            Mauza- Sheikh Patti, Kamtaul, District-

                                            Darbhanga, bearing Khata No. 150, New
Patna High Court CWJC No.5459 of 2026(2) dt.27-04-2026
                                            2/3




                                  Khesra- 652, New Area-4 Decimal; as the

                                  respondents have illegally and without

                                  following the due process of law has

                                  constructed a building (Aganbadi Kendra,

                                  Chandi) under the Samekit Baal Vikas Sewa

                                  Pariyojna       situated      at    Block-     Kewti,

                                  Panchayat Sheikhpur Dani, Darbhanga;

                                  (ii) a writ in the nature of mandamus or any

                                  other writ order or orders commanding the

                                  respondent authorities to evict respondent

                                  no.-5 (Chowkidar, Village Chandi) who is

                                  occupying       the    part    of   the      land   by

                                  constructing a hut and residing over there

                                  and further looking after the illegally

                                  constructed above said Aganbadi Kendra;

                                  (iii) to grant any other relief's to the

                                  petitioner for which the petitioner is entitle

                                  for.

                       3. After some argument, learned counsel for the

          petitioner submits that his representation before the Collector,

          Darbhanga (Annexure-P/2 to the petition) is still pending and

          has not been disposed of.
         Patna High Court CWJC No.5459 of 2026(2) dt.27-04-2026
                                                     3/3




                                4. Learned State counsel submits that it will be taken

                   up to its logical conclusion at an earliest.

                                5. In that background, allowing the petitioner to

                   proceed/contest the matter before the Collector, Darbhanga, who

                   shall be putting the parties to notice and after hearing all the

                   parties, the same be taken to its logical conclusion by a reasoned

                   order at an earliest preferably by the end of this year.

                                6. The writ petition is disposed of with the aforesaid

                   observation.



                                                 (Rajiv Roy, J)
Ravi/-

U


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