Patna High Court

Ram Shobhit SahversusThe State of Bihar

Decided: 30 June 2026
Disposal: DISPOSED
Bench: RANA VIKRAM SINGH

Holding

The Court lacks jurisdiction to interfere in the private land dispute but can direct the District Magistrate‑cum‑Collector to dispose of the petitioner’s representation with a reasoned order.

Summary

Petitioner Ram Shobhit Sah filed a writ petition seeking an order directing the District Magistrate‑cum‑Collector of Sitamarhi to remove an alleged encroachment on his land by co‑villagers. He had earlier submitted a representation to the District Magistrate on 02‑02‑2026, which remained unanswered. The State argued that the matter involved a private dispute between two groups and was not within the court's writ jurisdiction, but conceded that the representation could be dealt with. The High Court held that under Article 226 it lacks jurisdiction to intervene in a private land dispute, but the District Magistrate, as the competent administrative authority, must consider and dispose of the petitioner’s representation with a reasoned order within three weeks. Accordingly, the writ application was disposed without any substantive order on the encroachment claim.

Issues considered

Whether the High Court has jurisdiction under Article 226 to entertain a writ petition concerning a private land dispute and alleged encroachment.
Whether the court can direct the District Magistrate‑cum‑Collector to dispose of a pending representation filed by the petitioner.

Subjects

Article 226
writ jurisdiction
private land dispute
encroachment
administrative authority
District Magistrate
representation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.7943 of 2026
                 ======================================================
                 Ram Shobhit Sah, Son of Late Daroga Sah, Resident of Village- Khopa, P.S.-
                 Runnisaidpur, District- Sitamarhi.

                                                                              ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar.
           2.    The District Magistrate, Sitamarhi.
           3.    The Additional Collector, Sitamarhi.
           4.    The Deputy Collector Land Reforms, Sitamarhi.
           5.    The Circle Officer, Runnisaidpur, Sitamarhi.
           6.    The Superintendent of Police, Sitamarhi.
           7.    The Officer In- Charge, Runnisaidpur Police Station, District- Sitamarhi.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Subodh Kumar, Advocate
                 For the Respondent/s   :        Mr. Standing Counsel (25)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
                                                 ORAL ORDER


2   30-06-2026              Heard the parties.

                            2. This writ application has been filed praying for a

                   direction to the respondent, District Magistrate-cum-Collector,

                   Sitamarhi, for removal of encroachment alleged to have been

                   made by co-villagers.

                            3. Learned counsel for the petitioner submits that raising

                   his grievances, he has already filed representation before the

                   District Magistrate-cum-Collector, Sitamarhi on 02.02.2026, but

                   that has not been heeded till date by the respondent, District
Patna High Court CWJC No.7943 of 2026(2) dt.30-06-2026
                                            2/3




          Magistrate-cum-Collector, Sitamarhi.

                   4. Learned counsel appearing on behalf of the State

          submits that from perusal of writ application, it appears that

          there is a dispute between two private groups of persons making

          rival claims on the piece of land which cannot be decided in the

          writ jurisdiction. However, he is fair enough to concede to the

          extent that a direction may be issued to the District Magistrate-

          cum-Collector, Sitamarhi for the disposal of the representation

          filed by the petitioner which has been pending for the last four

          months without redressing the grievances of the petitioner.

                   5. From perusal of this writ application, this Court finds

          that in a dispute related to two private groups of persons, this

          Court lacks jurisdiction under Article 226 of the Constitution of

          India to interfere or pass any kind of order. However, petitioner

          has raised certain grievances before the District Magistrate-

          cum-Collector, Sitamarhi, who is the competent authority being

          the administrative head of the District, as such he is directed to

          consider and dispose off the representation of the petitioner by a

          reasoned and speaking order within three weeks from the date of

          receipt/production of a copy of this order.

                   6. Thus, this writ application is disposed off in aforesaid

          terms.

                   7. All pending interlocutory application(s), if any, also
              Patna High Court CWJC No.7943 of 2026(2) dt.30-06-2026
                                                          3/3




                        stands disposed off accordingly.



                                                (Rana Vikram Singh, J)
Saurabh.kr/
Supratim-

U

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Subodh Kumar