Patna High Court
Pradumna RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court declined to grant mandamus and ordered the petitioners to file a representation before the Collector, who will then determine the matter.
Summary
The petitioners, brothers Pradumna Rai and Raghu Bansh Rai, filed a writ petition seeking mandamus to restrain the Deputy Collector (Land Reforms) and the Circle Officer of Siwan from constructing on and taking forcible possession of their raiyati land (Tauzi No. 155, Khata No. 60, Plot No. 347). They alleged that the officials attempted to acquire the land without following any legal acquisition process and refused to consider a representation filed before the Collector, Siwan. The State, represented by a General Pool lawyer, contended that any representation would be duly considered and that it was unreasonable to reject it outright. Justice Rajiv Roy held that the court could not issue mandamus at this stage and directed the petitioners to approach the Collector with a representation within four weeks. The Collector was instructed to hear all parties and decide the matter in accordance with law, after which the petition would stand disposed.
Issues considered
- Whether a writ of mandamus can be issued to restrain construction and forcible possession of land absent a completed acquisition process.
- Whether the officials were obligated to entertain a representation filed before the Collector before taking any action on the land.
- Whether the petitioners have a right to immediate relief or must first exhaust administrative remedies.
Subjects
- writ of mandamus
- land acquisition
- raiyati land
- forcible possession
- representation before collector
- civil writ jurisdiction
- administrative remedy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7074 of 2024
======================================================
1. Pradumna Rai Son of Late Dr. Anirudh Rai Resident of Village - Andar,
Post- Andar, District - Siwan.
2. Raghu Bansh Rai S/o Late Dr. Anirudh Rai Resident of Village - Andar,
Post- Andar, District - Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Revenue and
Land Reforms Department, Government of Bihar.
2. The Collector, District - Siwan.
3. The Additional Collector, Siwan, District - Siwan.
4. The Deputy Collector Land Reforms, Siwan.
5. The Circle Officer, Andar, District - Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Dubey, Advocate
: Mr. Shashank Kashyap, Advocate
: Mr. Kumar Gaurav, Advocate
: Mr. Nawnit Kumar Tiwary, Advocate
For the State : Mr. Prabhakar Jha, GP-27
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 18-04-2026 Heard Mr. Ranjan Kumar Dubey, learned counsel for
the petitioners and Mr. Prabhakar Jha, learned GP-27
representing the State.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of writ in the nature of
mandamus directing and commanding the
official respondents to not make any type of
further construction over the disputed land i.e
Tauzi No. 155, Khata No. 60, Plot No. 347, 12
Bigha out of its total area 14 Bigha 10 Katha 08
Patna High Court CWJC No.7074 of 2024(2) dt.18-04-2026
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dhurs situated at Mauza Gaura, Pargana- Andar,
District-Siwan during pendency of the writ
petition.
(ii) for issuance of writ in the nature of
mandamus directing/commanding the
respondents to not take any forceful possession
over the disputed land i.e Tauzi No. 155, Khata
No. 60, Plot No. 347, 12 Bigha out of its total
area 14 Bigha 10 Katha 08 dhurs situated at
Mauza Gaura, Pargana Andar, District- Siwan
which raiyati land of petitioners without
following the process of law.
(iii) for issuance of any other
writ/writs, order/orders for which petitioner
deemed entitled to.”
3. The land details are there in the prayer portion and
need no repetition.
4. It is the case of the petitioner that without any
acquisition process, the Deputy Collector, Land Reforms, Siwan
as also Circle Officer, Andar, Siwan tried to get forcible
possession which led to his filing of the writ petition.
5. On query, the submission is that they chose not to
Patna High Court CWJC No.7074 of 2024(2) dt.18-04-2026
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accept the representation which was preferred before the
Collector, Siwan (respondent no.2).
6. Mr. Prabhakar Jha, learned GP-27 submits that it is
unbelievable that a representation will not be accepted. In any
case, if any such representation is preferred, it will be taken to
its logical conclusion.
7. In that background, the writ petition is disposed of
allowing the petitioners to approach the respondent no.2, the
Collector, Siwan, if still the grievance against the aforesaid two
respondents is/are there.
8. In case such representation is preferred in next four
weeks, the Collector, Siwan (respondent no.2) after
noticing/hearing all the parties will take the matter to its logical
conclusion at an earliest.
9. The writ petition is disposed of with the aforesaid
observation.
10. Any development that will take place in between
will be subject to the final order passed by the Collector, Siwan.
(Rajiv Roy, J)
vinayak/-
U
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