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Patna High Court

Ramnath PanditversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                                        3/3




                                         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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