Patna High Court
Nagendra YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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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