Patna High Court
Ram Prasad SharmaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed as no relief can be granted to the petitioner.
Summary
Ram Prasad Sharma filed a writ petition seeking a mandamus directing the Sub‑Divisional Officer and Circle Officer to have the land (Khata No. 79, Khesra 22, 42 decimal) measured by an Anchal Amin and to hand over possession, alleging that the Zila Parishad had constructed a road on his raiyati land without compensation. The petitioners claimed ownership of the land and that the road construction was unauthorized. The respondents, including the State of Bihar and revenue officials, filed a counter‑affidavit stating that the village path had been in use for over fifty years by villagers for a pucca road, and that no objection was raised by the Zila Parishad, which was not a respondent. The Court observed that the allegation of unauthorized road construction could not be substantiated and that the Zila Parishad was not a party to the proceedings. Consequently, the Court held that no relief could be granted to the petitioner. The writ petition was therefore dismissed.
Issues considered
- What relief, if any, is available to a claimant seeking measurement and possession of land allegedly encroached upon by a road constructed by a local authority?
- Whether a mandamus can be issued against revenue officials to direct land measurement and possession in the absence of a clear title dispute.
- Whether the absence of the Zila Parishad as a respondent precludes the petitioner's claim of unauthorized road construction.
Subjects
- land measurement
- mandamus
- rai yati land
- road construction
- possession
- revenue officers
- writ petition
- Bihar land reforms
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.595 of 2024
======================================================
Ram Prasad Sharma Son of Late Maya Sharma, resident of Village - Rampur
Babu, P.O. - Balthari, P.S. - Kuchaikote, District - Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Bihar, Patna.
2. The Collector-cum-District Magistrate, Gopalganj.
3. The Additional Collector (Revenue), Gopalganj.
4. The Land Reforms Deputy Collector, Gopalganj.
5. The Sub Divisional Officer, Gopalganj.
6. The Circle Officer, Kuchaikote Anchal, District Gopalganj.
7. Shiv Narayan Pandey, Son of Late Chanchal Pandey, Resident of Village -
Rampur Babu, P.S.- Kuchaikote, P.O. - Balthari, District - Gopalganj.
8. Janardan Pandey @ Chhota Pandey, son of Alakh Pandey, Resident of
Village - Rampur Babu, P.S.- Kuchaikote, P.O. - Balthari, District -
Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiv Sager Sharma, Adv.
For the Respondent/s : Mr. S.K. Mandal (Sc3)
Mr. Arjun Prasad, AC to SC-3
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 18-04-2026 Heard the parties.
2. The present application has been preferred:
for issuance of writ, order or
direction particularly in the nature of
Mandamus, directing the respondent
authorities, specially respondent no. 5 & 6,
the Sub. Divisional Officer, Gopalganj and
the Circle Officer, Kuchaikote to get
measurement of the land through Anchal
Amin appertaining to Khata No. 79, Khesra
Patna High Court CWJC No.595 of 2024(2) dt.18-04-2026
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No. 22, area 42 decimal situated in Mauza:
Balthari, P.S: Kuchaikote, District:
Gopalganj and after proper measurement
hand over the possession of the same to the
petitioner, as the same is the Maurasi land of
the petitioner; And/Or grant any other
relief/reliefs to which this Hon'ble Court may
deem fit and proper.
3. The petitioner claims to be the owner of a piece of
land under Thana No.- 692, Tauzi No. 3296, Khata No.- 79,
Khesra No.- 22, area- 44 and the grievance is that on his raiyati
land, a road has been forcefully constructed by the Zila Parishad
without making any payment. A counter affidavit has come on
behalf of the respondent nos. 2 to 6 duly signed by the Circle
Officer, Kuchaikote, Gopalganj and served upon learned counsel
for the petitioner on 23.10.2024 and paragraph 11 read as
follows:
11. That the statement made in
Para-5 of the writ petition it is submitted
that village Path was in existence through
plot no. 22 for more than 50 years, which
taken by the villagers to construct a pucca
Road. The Petitioner had earlier filed a
petition to get measurement of the land on
which the then Circle Officer had called for
report from Halka Karamchari.
4. There is no rebuttal to the said statement made by
Patna High Court CWJC No.595 of 2024(2) dt.18-04-2026
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the State respondent showing that for fifty years, the village
path is being used. Worse, the allegation is that the land has
been used by Zila Parishad for construction of road but the Zila
Parishad is not in the list of respondents.
5. In that background, no relief can be extended to the
petitioner.
6. The writ petition is dismissed.
(Rajiv Roy, J)
Vijay Singh/-
U
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