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Patna High Court

Nandlal YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed, with the petitioner directed to file a fresh petition and the Collector to decide the claim.

Summary

Petitioner Nandlal Yadav claimed that a 14 Kathas 14 Dhurs parcel of land in Siwan, recorded as government land, is actually raiyati private jamabandi land on which a Panchayat Bhawan is being constructed. He sought various writs including mandamus directing the respondents to pass a final order on his representation, a status‑quo order, a restraining order against construction, a declaration that the land belongs to him, and an explanation from the Circle Officer. The petitioner had already filed a representation before the Collector, Siwan, and intended to file another application with supporting documents. The Court examined whether it could entertain the writ or whether the matter should be decided by the administrative authority. Relying on the pending representation, the Court disposed of the petition, directing the petitioner to file a fresh petition with documents and directing the Collector to consider the claim and pass a reasoned order. The order was pronounced by Justice Rajiv Roy.

Issues considered

  • Whether the High Court can entertain the writ petition and grant mandamus when the petitioner has already approached the Collector with a representation
  • Whether the Court can issue a status‑quo or restraining order concerning the disputed land pending administrative adjudication
  • Whether the land shown as government land can be declared private jamabandi land by the Court

Subjects

  • land dispute
  • writ petition
  • mandamus
  • status quo
  • government land
  • private jamabandi
  • Panchayat Bhawan
  • administrative law
  • High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.723 of 2026
                 ======================================================
                 Nandlal Yadav Son of Late Hansraj Yadav, Resident of Village-Kabirpur,
                 Imalauli, P.O.-Kabirpur, P.S.-Mairwa, District-Siwan.

                                                                       ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the Principal Secretary, Revenue and Land
                 Reforms Department, Government of Bihar, Patna.
           2.    The District Magistrate, Siwan.
           3.    The Sub-Divisional Officer, Siwan Sadar, District-Siwan.
           4.    The Circle Officer, Mairwa, District-Siwan.
           5.    The Sachiv, Gram Panchayat Kabirpur, Imalauli, Siwan.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Dewanand Tiwari, Advocate
                 For the Respondent/s   :        Mr. Government Pleader (19)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   22-01-2026                 Heard Mr. Dewanand Tiwari, learned counsel for the

                   petitioner and the State.

                               2. The present petition has been preferred for the

                   following relief(s):

                                               “(i) To issue a writ (s) MANDEMUS in

                                  nature directing the respondents to pass a final order

                                  upon the representations of petitioner.

                                               (ii)      Issue        an         appropriate

                                  writ/order/direction commanding the respondents to

                                  maintain status quo with respect to the petitioner's

                                  land situated at Mauza - Kabirpur, Imalauli, P.S.

                                  -Mairwa, District - Siwan.
Patna High Court CWJC No.723 of 2026(2) dt.22-01-2026
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                                       (iii) To Restrain the respondents from

                          carrying out any construction or excavation work on

                          the petitioner's ancestral land situated at Mauza -

                          Kabirpur, Tola Imalauli, Panchayat -Kabirpur,

                          Anchal Mairwa, District - Siwan, Thana No. 42,

                          Khata Nos. 344 and 287, Khesra Nos. 459 and 576,

                          having a total area of 14 Kathas and 14 Dhurs

                          (54.684 decimal).

                                       (iv) To declare the land Thana No. 42,

                          Khata Nos. 344 and 287, Khesra Nos. 459 and 576,

                          having a total area of 14 Kathas and 14 Dhurs

                          (54.684 decimal) which has been shown as the

                          respondent land to the petitioner.

                                       (v) To Call for an explanation from the

                          Circle Officer, Mairwa as to under which provision

                          of law private Jamabandi land is being treated as

                          government land.

                                       (vi) Direct the respondents to protect the

                          life, liberty and property of the petitioner.

                                       (vii) Pass any other order or direction as

                          this Hon'ble Court may deem fit in the interest of

                          justice.”

                      3. The claim of the petitioner is that the land in question
          Patna High Court CWJC No.723 of 2026(2) dt.22-01-2026
                                                      3/3




                    is a raiyati one on which Panchayat Bhawan is being constructed.

                                4. After some argument, learned counsel for the

                    petitioner submits that a representation has already been preferred

                    before the Collector, Siwan (annexure-P-7) alongwith all the

                    documents. Additionally, he will be filing another application with

                    all the documents alongwith the order of this Court.

                                5. Learned State counsel submits that if such

                    representation is preferred, it shall be taken to its logical

                    conclusion.

                                6. Considering the submission of the parties and the

                    petitioner has already reached the door of the Collector, Siwan, in

                    that background, the writ petition stands disposed of allowing the

                    petitioner to file a fresh petition with supporting documents and

                    the Collector, Siwan shall look into the matter and pass a reasoned

                    order on the claim put forwarded by the petitioner.



                                                  (Rajiv Roy, J)
Adnan/-

U


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