Created by Fuzzy Cloud

Patna High Court

Balmiki BhagatversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court declined to issue a writ directing immediate protection, instead directing the petitioner to file a fresh, specific representation before the District Magistrate‑Cum‑Collector and Superintendent of Police, which must be examined and, if justified, result in a reasoned protective order.

Summary

The petitioner, Balmiki Bhagat, sought a writ directing the State of Bihar and local officials to protect his raiyati land from encroachment by anti‑social elements. He had previously obtained a decree of possession in a title suit (2001) and had the land delivered in 2004, but continued to face threats and illegal activities. Despite filing representations with the District Magistrate, Superintendent of Police, and Circle Officer, no protective action was taken. The High Court held that the petitioner must file a fresh, detailed representation before the District Magistrate‑Cum‑Collector and the Superintendent of Police within two weeks. The Court directed that the authorities examine the matter, and if the petitioner is found entitled, pass a reasoned order for protection within another two‑week period. The writ petition was consequently disposed of without granting any immediate relief.

Issues considered

  • What duty, if any, do the District Magistrate and police have to protect a landowner from encroachment after a decree of possession has been executed?
  • Whether a writ of mandamus can be issued directing administrative authorities to take protective action in the absence of a specific representation?

Subjects

  • civil writ jurisdiction
  • protection of possession
  • land encroachment
  • administrative duty
  • anti‑social elements
  • execution of decree
  • district magistrate
  • police authority

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.8072 of 2026
     ======================================================
     Balmiki Bhagat, S/o Ram Kishun Bhagat, resident of village- Dhabauli, P.S.-
     Lakho, District- Begusarai.


                                                                    ... ... Petitioner/s
                                          Versus
1.   The State of Bihar through the Additional Chief Secretary, Revenue and
     Land Reforms Department, Government of Bihar, Patna.
2.   The District Magistrate, Begusarai.
3.   The Deputy Inspector General, Begusarai Division, Begusarai.
4.   The Superintendent of Police, Begusarai.
5.   The Officer Incharge, Barauni Police Station, District- Begusarai.
6.   The Circle Officer, Barauni, District- Begusarai.


                                                                 ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s     :      Mr. Amarendra Kumar, Adv.
     For the Respondent/s     :      Mr. Shree Subhash Pd. Singh, GA-3
                                     Ms. Kiran Kumari, AC to GA-3
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
     ORAL JUDGMENT
     Date : 01-07-2026

                            Heard the learned counsel for the parties.

                            2. This writ application has been preferred for

        issuance of a direction to the respondents to get the raiyati

        land of the petitioner, appertaining to Mauza-Patraur, Tauzi

        No. 875, Thana No. 509, Khata No. 07, Khesra No. 402,

        having Rakba of 01 Bigha 01 Katha and 07 Dhurs, fenced by
Patna High Court CWJC No.8072 of 2026 dt.01-07-2026
                                           2/4




           the District/Administrative Authority with a further prayer that

           he may be given protection from the encroachers who are bent

           upon garbbing his ancestral land.

                            3. On account of the incessant threat and illegal

           activities of the anti-social elements, the petitioner filed a title

           suit, vide Title Suit No. 24 of 2001, in the Court of learned

           Munsif-II, Begusarai, who, ultimately, allowed the title suit

           vide judgment dated 06.03.2003 and, thereafter, by preferring

           an Execution Case No. 4 of 2003, the petitioner, ultimately, got

           delivery of possession of the land on 11.04.2004 with the help

           of the Court Officers and the police authority. Thereafter,

           again, it was pointed out that, the anti-social elements are

           creating hindrance over the peaceful possession of the

           petitioner.

                            4. Apprehending serious danger to his property

           and person, the petitioner approached the District Magistrate,

           Begusarai, Superintendent of Police, Begusarai Circle Officer

           and the local S.H.O. by filing various representations,

           highlighting the illegal and criminal activities of the anti-social

           elements, who are bent upon dispossessing him from the

           aforesaid land, which he possesses on the strength of the

           orders passed by the competent Court of civil jurisdiction.
Patna High Court CWJC No.8072 of 2026 dt.01-07-2026
                                           3/4




                            5. The learned counsel for the petitioner further

           submits that till date, none of the administrative as well as

           police authority have taken any steps in order to protect the

           life, property and the land of the petitioner from the anti-social

           elements.

                            6. In this backdrop, this writ application is

           disposed off with a liberty to the petitioner to file a fresh

           representation, highlighting and pointing out the specific

           illegal activities of such persons, with details therein, before

           the District Magistrate-Cum-Collector and the Superintendent

           of Police, Begusarai, within a period of two weeks henceforth

           and on such application filed on behalf of the petitioner before

           the two above-named authorities, they will get the matter

           examined by the local Police Station and the Executive

           Magistrate having jurisdiction over the area and thereafter,

           they will pass a positive order, if the petitioner is found

           entitled to, for protection of his possession over his land and

           property.

                            7. Needless to state that the order(s) so passed

           by the two above-named authorities must be speaking and

           reasoned one and must be passed within a period of two weeks

           thereafter.
             Patna High Court CWJC No.8072 of 2026 dt.01-07-2026
                                                        4/4




                                         8. With the aforesaid observation/direction, the

                        writ petition stands disposed off.

                                         9. Interlocutory application(s), if any, also stands

                        disposed off.



                                              (Rana Vikram Singh, J)

Praveen-II/-
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          03.07.2026
Transmission Date       N/A


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.