Patna High Court
Moti Lal Murmu alias Patella MurmuversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court disposed of the writ petition, directing the petitioners to comply with the notice and submit documents, and declined to grant the writ of mandamus.
Summary
The petitioners, members of the Murmu family, filed a writ petition seeking a mandamus directing the State of Bihar and its officials not to disturb their peaceful possession of specific land parcels in Banka district, and to quash a notice dated 09.01.2026 issued by the Anchladhikari. They argued that the notice was unlawful and that their possession should be protected. The State counsel contended that the petitioners should appear before the Circle Officer and submit relevant documents, after which the officer would decide the matter. The court, after hearing both sides, directed the petitioners to answer the notice with the required documents and indicated that the officer would resolve the issue. Consequently, the court disposed of the writ petition without granting the reliefs sought.
Issues considered
- Whether the respondents should be restrained by a writ of mandamus from disturbing the petitioners' possession of the land.
- Whether the notice dated 09.01.2026 issued by the Anchladhikari should be quashed.
- Whether the petitioners are required to comply with the notice and submit documents before any writ can be entertained.
Subjects
- writ of mandamus
- land possession
- notice quash
- civil writ jurisdiction
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5588 of 2026
======================================================
1. Moti Lal Murmu alias Patella Murmu Son of Late Pradhan Murmu and
Grandson of Late Chhotka Murmu, Resident of Village- Mahiya Simar, P.O.
Bhairoganj, P.S. Chandan, District- Banka.
2. Munshi Murmu, Son of Late Pradhan Murmu and Grandson of Late Chhotka
Murmu, Resident of Village- Mahiya Simar, P.O. Bhairoganj, P.S. Chandan,
District- Banka.
3. Sarju Murmu, Son of Late Pradhan Murmu and Grandson of Late Chhotka
Murmu, Resident of Village- Mahiya Simar, P.O. Bhairoganj, P.S. Chandan,
District- Banka.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reform, Government of Bihar at Patna.
2. The Divisional Commissioner, Bhagalpur.
3. The District Magistrate and Collector, Banka.
4. The Additional Collector, Banka.
5. The Sub-Divisional Officer, Banka.
6. The Anchladhikari, Chanadn, District- Banka.
7. Anandi Das, Son of Late Chattu Das alias Shastri Das, Resident of Village-
Mahiya Simar, P.O. Bhairoganj, P.S. Chandan, District- Banka.
8. Muneshwar Das, Son of Late Chattu Das alias Shastri Das, Resident of
Village- Mahiya Simar, P.O. Bhairoganj, P.S. Chandan, District- Banka.
9. Pappu Das, Son of Late Chattu Das alias Shstri Das, Resident of Village-
Mahiya Simar, P.O. Bhairoganj, P.S. Chandan, District- Banka.
10. Tuntun Das, Son of Late Chattu Das alias Shastri Das, Resident of Village-
Mahiya Simar, P.O. Bhairoganj, P.S. Chandan, District- Banka.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Kumar, Advocate
For the Respondent/s : Mr. Standing Counsel (07)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 28-04-2026 Heard Mr. Bhola Kumar, learned counsel for the
petitioners and Mr. Kumar Alok, learned SC-7.
2. The present petition has been preferred for the
Patna High Court CWJC No.5588 of 2026(2) dt.28-04-2026
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following relief(s):
“A. For issuance of a writ in the nature
of mandamus commanding the Respondents
concerned to not disturb peaceful possession of the
Petitioners with regards to the land of Khata
Nos.205,216, Plot Nos.2268 and 2267,Area-2.07
decimals and 1.34 Decimals respectively situated
as Village- Mahiya Simar, P.O. Bhairoganj, P.S.
Chandan, District-Banka.
B. For quashing the notice dated
09.01.2026 issued to Petitioners by the
Anchladhikari, Chandan, District-Banka contained
in Annexure-P/5 with regards to the aforesaid.
C. For passing any other order/s,
command/s or appropriate writ/s which your
lordships deem fit and proper in the facts and
circumstances of the instant Case.”
3. After some arguments, learned counsel for the
petitioners submit that they shall be answering to the notice
issued by the Circle Officer, Chandan, Banka dated 09.01.2026
with all the relevant documents so that he/she can take decision
in the matter.
Patna High Court CWJC No.5588 of 2026(2) dt.28-04-2026
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4. Learned State counsel submits that if the petitioners
appear and submit their respective documents, the Circle
Officer, Chandan, Banka after hearing the parties, will be taking
the matter to its logical conclusion.
5. Expecting the concerned respondent to act in
accordance with law and within a time frame as also without
unnecessary adjournments, the writ petition stands disposed of.
(Rajiv Roy, J)
Adnan/-
U
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