Patna High Court
Ishwar Bhokta @ Ishwar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the petitioner must seek relief from the Collector and that the writ petition is dismissed/disposed.
Summary
Ishwar Bhokta, claiming possession of raiyati land for over 80 years, filed a writ petition seeking a mandamus directing the Collector of Banka to halt construction of a Samudayik Bhawan on his land and to arrange land acquisition or compensation. The petitioner also has a pending title suit (No. 63 of 2019) and an injunction petition concerning the same land. The court noted that the petitioner had already approached the Collector without response and that the matter was already before a competent court. It held that the writ petition was not the appropriate forum and directed the petitioner to approach the Collector by 22 January 2026 for appropriate orders. The court further noted that the petitioner could present his case in the pending injunction hearing on 6 February 2026.
Issues considered
- Whether the High Court can issue a writ directing the Collector to stop construction on raiyati land pending a title suit.
- Whether the petitioner is entitled to land acquisition or compensation for the raiyati land.
- Whether the writ petition is maintainable when other suits and an injunction petition are pending.
Subjects
- raiyati land
- writ jurisdiction
- mandamus
- land acquisition
- injunction
- title suit
- possession
- construction
- Samudayik Bhawan
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.600 of 2026
======================================================
Ishwar Bhokta @ Ishwar Yadav Son of Jhari Bhakta, Resident of Village-
Tetaria Baran, P.S.- Katoria, District- Banka.
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector, Banka.
2. The District Magistrate-cum-Collector, Banka.
3. The Sub-Divisional Officer, Banka.
4. The Block Development Officer, Banka, District- Banka.
5. The Circle Officer, Katoria, District- Banka.
6. The Superintendent of Police, Banka.
7. The Officer-In-Charge of Katoria Police Station, District- Banka.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subodh Kumar Jha, Advocate
For the Respondent/s : Mr.Standing Counsel (25)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 20-01-2026 Heard Mr. Subodh Kumar Jha, learned counsel for
the petitioner and the State.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of an appropriate writ/writs
or order/orders in the nature of Mandamus
for directing and commanding the
Respondents, more particularly, the
Respondent No.2, the Collector, Banka to
forthwith stop the construction of Samudayik
Bhawan over the Raiyati land of the
Patna High Court CWJC No.600 of 2026(2) dt.20-01-2026
2/3
petitioner bearing Khata No. 7/New/3 (old),
Khesra No. 38 (old)/442/38, 12/38 (new)
measuring area 2 Acre 7 decimal and again
Khesra No. 14/38 and also the land carved
out from Khesra No. 442 by making new
Khesra No. 457 measuring an area 21
decimal and/or take appropriate step of
Land Acquisition of the aforesaid land being
raiyati land of petitioner having possession
over the same since more than 80 years and
paying the rent to State of Bihar and hand
over the peaceful possession of the land to
the petitioner and/or to pay the
compensation in accordance with law for the
ends of justice and equity and further for any
other relief or reliefs for which the petitioner
is entitled in the facts and circumstances of
this case.
3. Learned counsel for the petitioner submits that
though Title Suit No. 63 of 2019 is pending before a competent
Court, Banka for declaration of title, any injunction petition has
also been preferred but the next date of hearing is 06.02.2026. In
Patna High Court CWJC No.600 of 2026(2) dt.20-01-2026
3/3
between, the problem is being created on the land in question by
the respondents. The submissions is that he has already
preferred petition before the Collector, Banka without any
response as the next date of hearing before the competent Court
is 06.02.2026, he has to revoke the writ jurisdiction.
4. Learned State counsel submits that a speed post
petition has been sent, it would be appropriate that the same is
preferred physically in the office.
5. Considering the submissions of the parties, the writ
petition is disposed of allowing the petitioner to approach the
Collector, Banka by 22.01.2026.
6. Any such petition is filed, the Collector, Banka is
requested to look into the matter and pass an appropriate order
at an earliest.
7. This Court has also taken note of the fact that
injunction petition has already been preferred and as such the
petitioner will have all the liberty to put forward his view on
06.02.2026 when the matter is likely to be taken up.
(Rajiv Roy, J)
Ravi/-
U
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