Patna High Court
Madan Lal RajakversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the petitioner may approach the appropriate revenue authority or civil court for redressal of his grievances.
Summary
Madan Lal Rajak filed a writ petition seeking a mandamus directing the State of Bihar to demarcate two dismal of land purchased by a private respondent, to prevent future law‑and‑order issues and protect his possession of the remaining land. He also sought a mandamus directing the State to take action under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to safeguard his and his wife’s dignity and life as senior citizens. The State respondents raised no objection to the reliefs sought. The Court, after hearing, held that the petitioner may pursue the matter before the appropriate revenue authority or civil court for redressal. Accordingly, the writ petition was disposed, permitting the petitioner to agitate the issue before the competent authority.
Issues considered
- Whether the State is bound to demarcate the disputed land by mandamus.
- Whether the State must intervene under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to protect the petitioner’s senior‑citizen rights.
Legislation cited
- Bihar Maintenance and Welfare of Parents and Senior Citizens Rules, 2012
- Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Subjects
- mandamus
- land demarcation
- senior citizens
- maintenance act
- writ petition
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5854 of 2026
======================================================
Madan Lal Rajak S/o late Bulkan Rajak, Resident of Village and P.O.-
Badhauna, P.S, - Chandi, District - Nalanda, at present Mohalla- H. No.- 378,
Mithapur, B- Area, Bengali Road, P.O.- G.P.O., P.S. - Jakkanpur, District -
Patna, PIN No.- 800001.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretory, Department of
Home, Bihar, Patna.
2. The Additional Chief Secretory, Department of Home, Bihar, Patna.
3. The District Magistrate, Nalanda.
4. The Sub-Divisional Officer, Hilsa, Nalanda.
5. The Circle Officer, Chandi Anchal, Nalanda.
6. The Circle Inspector, Chandi Anchal, Nalanda.
7. The Superintendent of Police, Nalanda.
8. The S.H.O. Chandi Police Station, Nalanda.
9. Mithlesh Kumar, S/o late Shailesh Ram, Resident of village - Balawapur,
P.O. Dihra Sirsi, P.S, Harnaut, District -Nalanda.
10. Bharat Ram, S/o Late Sohrai Ram Resident of village and P.O.- Badhauna,
P.S, -Chandi, District - Nalanda.
11. Rekha Devi, W/o Bharat Ram Resident of village and P.O.- Badhauna, P.S. -
Chandi, District - Nalanda.
12. Dipak Kumar, S/o Bharat Ram Resident of village and P.O.- Badhauna, P.S.
- Chandi, District - Nalanda.
13. Nitish Kumar, S/o Bharat Ram Resident of village and P.O.- Badhauna, P.S.
- Chandi, District - Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Adv.
For the Respondent/s : Mr. Raghwendra Kumar, SC-22
Mr. Vipin Singh, AC to SC-22
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 22-06-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
Patna High Court CWJC No.5854 of 2026(3) dt.22-06-2026
2/3
(i) for issuance of a writ in the
nature of mandamus thereby commanding,
Directing for ordering the state respondents
to demarcate in presence of the petitioner the
area of 2 dismal of the land purchased by the
respondent No. 9 Mithlesh Kumar from the
land with following details Mauza
Badhauna, Plot No. 2832 of khata No. 72
Chandi, under revenue thana No. 284, P.S.
Circle - Chandi, District - Nalanda, so that
law and order problem can't arise in future
and the life and liberty of the petitioner and
his wife and possession to the rest 3 dismal
of land could be possible to be maintained.
(ii) For issuance of the writ in the
nature of mandamus thereby commanding,
directing or ordering to the state respondents
to take action against the private respondent
under maintenance and welfare of parents
and senior citizens Act, 2007 (central Act 56
of 2007) and the Bihar Maintenance and
welfare of parents and senior citizens rule
2012 so that the safety of the dignity and life
of the senior citizens like petitioner and his
wife could be ensured.
(iii) Any other order or orders
which this Hon'ble Court finds fit and proper
in the given facts and circumstances may
kindly be passed.
3. After some argument, learned counsel for the
Patna High Court CWJC No.5854 of 2026(3) dt.22-06-2026
3/3
petitioner submits that he shall be taking up steps by moving
appropriate revenue authority/ competent Civil Court for the
redressal of the grievance.
4. The respondents have no objection.
5. In that background, the writ petition is disposed of
allowing the petitioner to agitate the matter before appropriate
authority.
(Rajiv Roy, J)
Vijay Singh/-
U
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