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Patna High Court

Nagendra YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court disposed of the petition, allowing the petitioner to seek the desired relief from the appropriate administrative authority rather than issuing a mandamus.

Summary

The petitioner, Nagendra Yadav, filed a writ petition seeking a mandamus directing the State of Bihar and revenue officials to correct the land record that erroneously listed his privately owned land as government land, and to prevent any disturbance of his possession. He also requested that the planned construction of the Panchayati Raj Bhawan be shifted away from his land, which he claims he purchased by registered deeds in 1975 and 1986 and has been paying revenue on. The petition alleged that despite a mutation and Jamabandi in his name, the government records still described the land as government property. The court heard arguments from the petitioner’s counsel and the State’s standing counsel. Justice Purnendu Singh disposed of the application, granting the petitioner liberty to approach the Additional Chief Secretary, Panchayati Raj Department, for the relief sought, effectively not issuing a mandamus.

Issues considered

  • Whether the revenue authorities should be directed to correct the nature of the land in government records from 'government land' to the petitioner's private ownership.
  • Whether a writ of mandamus can be issued to restrain the authorities from disturbing the petitioner's possession of the land.
  • Whether the construction of the Panchayati Raj Bhawan should be shifted from the land claimed by the petitioner.

Subjects

  • land record correction
  • mandamus
  • property rights
  • government land
  • mutation
  • Panchayati Raj Bhawan
  • civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.70 of 2026
                 ======================================================
                 Nagendra Yadav S/o Late Ramlochan Yadav, Resident of Village- Phulwan,
                 P.S.- Manigachhi, District- Darbhanga.

                                                                          ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Revenue and Land Reforms, Govt. of Bihar, Patna.
           2.    The Collector, Darbhanga.
           3.    The Additional Collector(Revenue), Darbhanga.
           4.    The Deputy Collector Land Reforms, Darbhanga Sadar, Darbhanga.
           5.    The Circle Officer, Manigachhi, District- Darbhanga.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Madhu Prasun, Advocate
                                                   Ms. Renu Kumari, Advocate
                                                   Mr. Dr. Pratyush Kumar, Advocate
                 For the Respondent/s     :        AC to Standing Counsel (23)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   19-01-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and learned AC to SC 23 for the State.

                                 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 issuance of a writ of mandamus or
                                    appropriate writ/ writs, order/ orders, direction/ directions
                                    commanding the concerned respondents to consider the notice
                                    dated 22.09.2025 served upon them on behalf of the petitioner,
                                    whereby the petitioner has requested to correct the nature of his
                                    land descripted in the said notice which is incorrectly mentioned
                                    as government land in the government record although the
                                    petitioner is having legally valid title and continuous possession
                                    since long and after mutation, long ago Jamabandi is also
                                    created in his name and he is paying land revenue regularly
                                    against issuance of land revenue receipt up till now without any
                                    hindrance.
                                                  ii. For issuance of a writ of mandamus or
                                    appropriate writ/ writs, order/ orders, direction/ directions
           Patna High Court CWJC No.70 of 2026(2) dt.19-01-2026
                                                       2/2




                                     commanding the concerned respondents not to disturb possession
                                     of the petitioner over his lands described in succeeding
                                     paragraph as the said lands were purchased vide registered sale
                                     deed dated 14.06.1975 and 14.07.1986 and since then there is no
                                     dispute over the said land with regard to title of the petitioner
                                     and the petitioner is regularly paying land revenue to the Govt. of
                                     Bihar but in the government record nature of the land is
                                     incorrectly mentioned as government land.
                                                   iii. For any other relief/ reliefs for which the
                                     petitioner is entitled under law.”

                                 3. After a few arguments, learned counsel appearing

                     on behalf of the petitioner finds it proper to avail remedy, for the

                     reliefs as prayed for in the present writ petition, before the

                     Additional Chief Secretary, Panchayati Raj Department,

                     Government of Bihar, requesting him to shift the present site of

                     Panchayati Raj Bhawan, for which construction on the land,

                     allegedly belonging to the petitioner, has been earmarked as the

                     authorities concerned have still not proceeded to construct the

                     Panchayati Raj Bhawan on the land belonging to the petitioner,

                     appertaining to Khata No.1 (Old) 429 (New), Khesra No.607

                     (Old) 2016 (New), measuring total Area of 27 Katha.

                                 4. Accordingly, the present application stands

                     disposed of with the aforesaid liberty.



                                               (Purnendu Singh, J)
Ashishsingh/-

U


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