Patna High Court
Ramnath PanditversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court declined to issue the writ and permitted the petitioner to seek relief from the competent authority, thereby disposing of the petition.
Summary
The petitioner, Ramnath Pandit, filed a writ petition seeking a mandamus directing land revenue officials to implement a 1984 consolidation order that re‑allocated three decimals of land from Khata No. 2971 to Khata No. 2970 and to correct the map, asserting that the land was lawfully purchased through registered sale deeds. He also requested a fresh survey, rectification of land records, and protection of peaceful possession against alleged encroachment by the State respondents. The Patna High Court heard the matter on 27‑04‑2026. The Court did not grant the writ; instead it allowed the petitioner to approach the appropriate authority for redressal of his grievance. Accordingly, the writ petition was disposed of without any substantive order.
Issues considered
- Whether the respondents are liable to comply with the 1984 consolidation order and correct the land records as claimed by the petitioner
- Whether the petitioner is entitled to a writ of mandamus directing a fresh survey, rectification of records, and protection of possession against alleged encroachment
Subjects
- land record correction
- mandamus
- encroachment
- raiayati land
- survey
- writ petition
- civil writ jurisdiction
- land consolidation
- property dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6262 of 2025
======================================================
Ramnath Pandit S/o Late Ramayodhya Pandit Resident of Village- Parsauni
Baij, P.O.- Kamrauli Jangali, PS- Piprahi, District- Sheohar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Land Revenue and
Reforms Department Govt. of Bihar Patna.
2. The Commissioner, Tirhut Division, Muzaffarpur.
3. The District Magistrate, Sheohar
4. The Deputy Collector land Reforms (DCLR), Sheohar.
5. The Circle Officer, Anchal Piprahi, Sheohar.
6. Bharat Pandey S/o Harikishore Pandey R/o-Village-Parsauni Baij, P.S.-
Piprahi, District-Sheohar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the State : Mr. Ramadhar Singh, GP-25
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 27-04-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of a writ in the nature of a
writ of Mandamus, directing the concerned
authorities, particularly Respondents No. 3, 4
and 5, to comply with the order issued by the
learned Consolidation Officer, Piprahi, Sheohar,
dated 21.07.1984, whereby and where under the
measurement and tracing of the land were
conducted. As per the said order, 03 decimals of
land were excluded from Khata No. 2971
(Khesra No. 2971) and included in Khesra No.
Patna High Court CWJC No.6262 of 2025(3) dt.27-04-2026
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2970, ensuring that the recorded area of Khesra
No. 2970 remains 07 decimals. Only the map
correction was to be made, and the necessary
amendment should be carried out in respect of
Khesra No. 2971, illegally tried to own by
Respondent No. 6.
(ii) further land in question has the
following details:- Khata No.: 344, Tauzi No.-
988, Khesra No. 2970, Thana No.-147, Old
Survey No. 1351, Current Survey No.- 2970,
Area-07 decimal. Furthermore, as per Sale Deed
dated 16.10.1970, of 3.5 decimal and Sale Deed
dated 24.02.1971, of 3.5 decimal duly registered
in the Sub-Registrar's Office, Parsouni,
Muzaffarpur, a total of 07 decimals of land was
purchased. Out of this, 03 decimals of land
(Khata No. 2971, Thana No. 390, Anchal
Piprahi) is being tried to illegally encroached
upon by Respondents of the second party on the
basis of a wrongly updated map. The actual fact
is that the purchased land measures 07 decimals,
which has been enclosed with a boundary wall
Patna High Court CWJC No.6262 of 2025(3) dt.27-04-2026
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since the execution of the registered deed. The
DCLR, Sheohar, and Anchal Amin, Piprahi,
should be directed to conduct a fresh survey on
the basis of Case No. 646/84, dated 21/07/1984
and the land measurement should be rectified
accordingly.
(iii) further for issuance of appropriate
direction to the respondent authorities to ensure
peaceful physical possession of petitioner and to
restrain respondent 2nd set from try to
encroaching upon raiyati lands of the petitioner.
(iv) for any other relief/(s) applicable
in the facts and circumstances of the case.”
3. After some argument, learned counsel for the
petitioner prays for and is allowed to approach the competent
authority/court for the redressal of the grievance.
4. Granting said liberty, the writ petition is disposed
of.
(Rajiv Roy, J)
vinayak/-
U
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