Patna High Court
Nandlal YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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