Patna High Court
RamNath MishraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court granted the petitioner liberty to approach the appropriate authority and disposed of the writ petition without granting the relief of mandamus.
Summary
RamNath Mishra filed a writ petition seeking a mandamus to set aside two notices dated 12.11.2024 and 25.11.2024 issued by the Circle Officer, Jagdishpur, and to obtain a fresh order for demarcation of land allegedly encroached upon. The petitioner relied on an earlier order dated 6.11.2023 of the D.C.L.R. under the Bihar Land Dispute Resolution Act, 2009, and contended that the land was not covered by the Land Encroachment Act. The court, after hearing counsel, did not entertain the substantive reliefs but granted the petitioner liberty to approach the appropriate authority for redress. Consequently, the writ petition was disposed of without granting the mandamus. The order was pronounced by Justice Rajiv Roy on 4 May 2026.
Issues considered
- Whether the notices dated 12.11.2024 and 25.11.2024 issued by the Circle Officer can be set aside by a writ of mandamus.
- Whether the land in question falls within the ambit of the Land Encroachment Act.
- Whether the petitioner is entitled to a fresh order for demarcation and measurement of the disputed land.
Subjects
- mandamus
- land encroachment
- writ petition
- Bihar Land Dispute Resolution Act
- civil writ jurisdiction
- land demarcation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8594 of 2025
======================================================
RamNath Mishra Son of Late Bachan Mishra, Resident of Village- Dawan,
P.S. Jagdishpur, District- Bhojpur, Pin Code- 802152 (Bihar)
... ... Petitioner/s
Versus
1. The State of Bihar Through Principal Secretary, Revenue and land
Department, Government of Bihar, New Secretariat, Patna
2. The District Magistrate, Bhojpur,
3. The D.C.L.R. Jagdishpur, Bhojpur,
4. The Circle Officer, Jagdishpur, District- Bhojpur.
5. Sanjay Mishra Alias Sheo Prasad Mishra, Son of Maheshdat Mishra Alias
Buchan Mishra, Resident of Village and P.O. Dawan, P.S. Jagdishpur,
District- Bhojpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar Pandey, Advocate
: Mr. Arvind Kumar, Advocate
For the State : Mr. Additional Advocate General (4)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 04-05-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for that the writ in the nature of
Mandamus commanding the petitioner with
prayer from Hon'ble Court to set aside the
Notice dated 25.11.2024 alongwith Notice dated
12.11.2024 issued by the Circle Officer
Jagdishpur, Bhojpur. Further direction to afresh
order and decided adjct/proper claim of the
Patna High Court CWJC No.8594 of 2025(2) dt.04-05-2026
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petitioner, whereby and where under that the
Respondent No.5 has filed writ petition being
C.W.J.C. No.14956 of 2024 with prayer to direct
the Respondents No.2 & 4 to remove the
Encroachment in view of order dated 6.11.2023
passed by D.C.L.R. Jagdishpur, Bhojpur in Case
No.46/2023-24 under Bihar Land Dispute
Resolution Act 2009 and further directed to the
Circle Officer, Jagdishpur to remove the
Encroachment over the land situated in Mauja
Dawan, Thana No.198 Circle Jagdishpur, Khata
No. 1605, Plot No.7645 measure area-2
decimals out of 62.5 decimals.
(ii) for that the Hon'ble Court has
passed the order dated 30.09.2024 in C.W.J.C.
No. 14956/2024 and this case was disposed of
with liberty to file representation without show
cause of petitioner.
(iii) for that in the light of
representation the Circle Officer has comply the
said order and Notices were issued to appeared
the both parties thereafter the Anchal Amin has
Patna High Court CWJC No.8594 of 2025(2) dt.04-05-2026
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not been demarcated the land and not been
layout of fresh map or measurement actually this
land is not covered under Land Encroachment
Act.
(iv) for that grant any relief or reliefs
for which the petitioner is entitled in the facts
and circumstances of the case.”
3. After some argument, learned counsel for the
petitioner submits that he shall be approaching the appropriate
authority/court for the redressal of the grievance.
4. Granting said liberty, the writ petition is disposed
of.
(Rajiv Roy, J)
vinayak/-
U
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