Patna High Court
Balmiki BhagatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
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
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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
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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
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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
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