Patna High Court
Mithlesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court held that no case exists for invoking extraordinary jurisdiction under Article 226 and therefore dismissed the writ petition.
Summary
The petitioner, Mithlesh Kumar, filed a writ petition under Article 226 seeking a direction to the Collector of Purnea to act against private respondents for alleged illegal possession of land and against the Mukhiya and Sarpanch for misuse of power during the encroachment. The petition also referenced parallel criminal cases and a civil suit concerning a sale deed. The court examined the reliefs sought, the pleadings, and the factual matrix, and concluded that the petition did not disclose a case warranting the exercise of extraordinary jurisdiction under Article 226. Consequently, the writ petition was disposed of without granting any relief. The court, however, encouraged the parties to resolve their dispute amicably outside the court.
Issues considered
- Whether the High Court can entertain and grant the reliefs sought in the writ petition under Article 226 for alleged illegal possession of land and misuse of power by Panchayat officials.
Subjects
- Article 226
- writ petition
- illegal possession
- land encroachment
- misuse of power
- Panchayat officials
- civil suit
- criminal case
- jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5944 of 2021
======================================================
Mithlesh Kumar Son of Anant Prasad Yadav, resident of Khunt, P.S.
Jankinagar, District - Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Home Department, Government of Bihar, Patna.
3. The Director, Panchayati Raj Department, Government of Bihar, Patna.
4. The Collector-cum-District Magistrate, Purnea.
5. The Land Reforms Deputy Collector, Banmankhi, Purnea.
6. The Superintendent of Police, Purnea.
7. The Sub-Divisional Officer, Banmankhi, Purnea.
8. The Circle Officer, Banmankhi, Purnea.
9. The Officer-in-Charge, Jankinagar, Purnea.
10. Shashi Bhushan Yadadv @ Bhola Yadav, S/o Late Singheshwar Prasad
Yadav, resident of village - Khunt, P.S. Jankinagar, District - Purnea.
11. Shashikant Kumar, S/o Late Singheshwar Prasad Yadav, resident of village -
Khunt, P.S. Jankinagar, District - Purnea.
12. Sandeep Kumar, Son of Shashi Bhushah Yadav @ Bhola Yadav, resident of
village - Khunt, P.S. Jankinagar, District - Purnea.
13. Pramod Kumar @ Pappu, Son of Late Raghunandan Yadav, resident of
village - Khunt, P.S. Jankinagar, District - Purnea.
14. The Mukhiya, Gram Panchayat Raj, Ram Nagar Harshahi, P.S. Jankinagar,
District - Purnea.
15. The Sarpanch, Gram Panchayat Raj, Ram Nagar Harshahi, P.S. Jankinagar,
District - Purnea.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shambhu Sharan Singh, Advocate
For the Respondent/s : AC to ( AG )
Mr. Jitendra Kumar Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 06-01-2026 Heard Mr. Shambhu Sharan Singh, learned counsel
appearing on behalf of the petitioner; learned AC to ( AG ) for
the State and Mr. Jitendra Kumar Pandey, learned counsel
Patna High Court CWJC No.5944 of 2021(3) dt.06-01-2026
2/3
appearing on behalf of the respondent.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought inter alia the following relief(s), which is
reproduced hereinafter:-
“i) For a Direction/order to the Collector-Cum-
District Magistrate, Purnea to take immediate
steps against the private Respondent No.10 to 13
for their illegal Act. Illegal possession on the
land bearing Khata No.870, Khesra No.3888,
Area 31 decimal, Mauza Ram Nagar Pharshahi
under Circle Office, Banmanıkı, Purnea and to
command the Respondent No.14 (Mukhiya) and
15 (Sarpanch) for their misuse of power, post
taking personal interest in favour of Respondent
No.10 to 13 physically on spot alongwith their
Gundas (Bad elements) during encroachment of
land of petitioner.
ii) For further Direction/Order to the Collector-
cum-District Magistrate, Purnea to make
enquiry against Mukhia (respondent No.14) and
Sarpanch (Respondent No.15) about their
conduct and proceed accordingly for needful
legal action against him as the relief
consequential to the relief No.(i).
iii) For other relief/reliefs to the petitioner in the
interest of justice in the matter.”
3. Learned counsels appearing on behalf of the
parties, in support of the relief(s), as prayed for in present writ
petition, inform that the parties have also instituted criminal
cases against each other and the details of the said criminal
cases are contained in para-7,8 and 9 to the writ petition and a
civil suit bearing Title Suit No. 37 of 2024 against the sale deed
dated 13.06.2007 (Annexure P/3 to the supplementary affidavit
of the petition) has also been filed. Learned counsels further
inform that they will advise their respective parties to not
Patna High Court CWJC No.5944 of 2021(3) dt.06-01-2026
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litigate any further and settle their dispute outside the Court
amicably.
4. Upon a meticulous examination of the relief(s)
sought in the present writ petition, coupled with a
comprehensive perusal of the pleadings on record and a careful
consideration of the facts and circumstances placed before this
Court, this Court is of the considered opinion that no case is
made out for invoking or exercising extraordinary jurisdiction
under Article 226 of the Constitution of India.
5. Consequently, the present writ petition is
disposed of. Nevertheless, liberty is reserved in favour of the
parties to explore and pursue an amicable resolution of their
inter se disputes outside the court in accordance with law.
(Purnendu Singh, J)
Ashishsingh/-
U
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