Patna High Court
Vindeshwar Paswan @ Binda PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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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