Patna High Court
Jitani DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed, directing the petitioner to approach the appropriate authority or competent court for redress.
Summary
Jitani Devi filed a writ petition seeking a mandamus directing the State authorities to remove illegal encroachments from her land, conduct fresh demarcation, provide police protection, and dispose of pending representations. The petitioner was represented by Mr. Rupesh Kumar, while the State was represented by a Government Advocate. The Court heard arguments and noted that the petitioner could approach the appropriate authority or competent court for redress. The State counsel raised no objection to this approach. Justice Rajiv Roy disposed of the petition, directing the petitioner to seek relief from the relevant authority.
Issues considered
- Whether the High Court can issue a writ of mandamus directing removal of encroachments and fresh demarcation, or should the petitioner approach the appropriate authority/competent court for relief
Subjects
- land encroachment
- writ of mandamus
- possession
- land demarcation
- police protection
- civil writ jurisdiction
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5608 of 2026
======================================================
Jitani Devi W/o Late Jeetan Sharma, Resident of Village - Jirwa Madhaili,
Ward No. 2, P.S. and Anchal - Shankarpur, District - Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Department of Revenue and Land Reforms, Govt.
of Bihar, Patna.
3. The District Magistrate, Madhepura.
4. The Circle Officer, Shankarpur, District - Madhepura.
5. The Superintendent of Police, Madhepura.
6. The Officer-in-Charge, Shankarpur P.S., District- Madhepura.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rupesh Kumar, Advocate
For the Respondent/s : Mr. Government Advocate (08)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 28-04-2026 Heard Mr. Rupesh Kumar, learned counsel for the
petitioner and the State.
2. The present petition has been preferred for the
following relief(s):
“I. Issue a writ of Mandamus or any
other appropriate writ directing the respondents to
remove all illegal encroachments from the
petitioner's land and restore full possession.
II. Further direct the District Magistrate
of Madhepura and Circle Officer, Shankarpur, to
conduct fresh demarcation of the land in question
Patna High Court CWJC No.5608 of 2026(2) dt.28-04-2026
2/2
and ensure possession.
III. Further direct the Superintendent of
Police, Madhepura, to provide adequate police
protection to the petitioner and to act upon her
written complaints.
IV. Further direct the authorities to
dispose of the petitioner's pending representations
within a time-bound manner.
V. Pass any other relief/s or order/s as
deemed fit and proper in the interest of justice.”
3. After some arguments, learned counsel for the
petitioner submits that she shall be approaching the appropriate
authority/competent Court for the redressal of the grievance.
4. Learned State counsel has no objection to it.
5. In that background, the writ petition stands
disposed of allowing the petitioner to approach the appropriate
authority/competent Court.
(Rajiv Roy, J)
Adnan/-
U
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