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Patna High Court

Madan Lal RajakversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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