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Patna High Court

Mina JhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is not maintainable, but the petitioner is granted liberty to file a proper application under the Bihar Land Disputes Resolution Act, 2009 within two weeks, to be decided by the authority within six weeks.

Summary

Mina Jha filed a writ petition challenging an encroachment on a piece of land that she and another private party dispute. The State of Bihar argued that the writ was not maintainable because the dispute is between private parties. The petitioner sought liberty to file a proper application before the competent authority under the Bihar Land Disputes Resolution Act, 2009 for removal of the encroachment. The High Court held that the writ petition could not be entertained in its present form but granted the petitioner a two‑week liberty to file a regular application under the Act. The Court directed that any such application, if filed within the stipulated period, must be positively decided by the authority within six weeks, and disposed of the writ petition and any interlocutory applications.

Issues considered

  • Whether a writ petition is maintainable when the dispute concerns a private land encroachment between two private parties.
  • Whether the petitioner is entitled to a liberty to file a regular application under the Bihar Land Disputes Resolution Act, 2009 for removal of encroachment.

Legislation cited

Subjects

  • land dispute
  • encroachment
  • civil writ jurisdiction
  • Bihar Land Disputes Resolution Act
  • interlocutory relief
  • maintainability of writ

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.8627 of 2026
     ======================================================
     Mina Jha, wife of Sandeep Jha, resident of village - Dulha, P.S. - Bisfi,
     District - Madhubani.


                                                                   ... ... Petitioner/s
                                        Versus
1.   The State of Bihar through the Principal Secretary, Department of Revenue
     and Land Reforms, Government of Bihar, Patna.
2.   The Principal Secretary, Department of Revenue and Land Reforms,
     Government of Bihar, Patna.
3.   The Divisional Commissioner, Darbhanga Range, Bihar.
4.   The District Magistrate-cum-Collector, District - Madhubani.
5.   The Sub-Divisional Officer, Benipatti, District - Madhubani.
6.   The Deputy Collector of Land Reforms, Benipatti, District - Madhubani.
7.   The Circle officer, Anchal Benipatti, District - Madhubani.
8.   The S.H.O., P.S. - Bisfi, District - Madhubani.
9.   Manoj Jha, Son of Late Lutan Jha, resident of village - Dulha, P.S. - Bisfi,
     District - Madhubani.
10. Basuki Jha, Son of Subh Narayan Jha, resident of village - Dulha, P.S. -
     Bisfi, District - Madhubani.


                                                                 ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :      Mr. Pramod Mishra, Adv.
     For the State           :      Mr. Subhash Prasad Singh, GA-3
                                    Mr. Indeshwari Prasad Mandal, AC to GA-3
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
     ORAL JUDGMENT
     Date : 29-06-2026

                        Heard    Mr.   Pramod          Mishra,   the    learned
Patna High Court CWJC No.8627 of 2026 dt.29-06-2026
                                           2/3




         Advocate for the petitioner and Mr. Subhash Prasad Singh,

         the learned GA-3 for the State, assisted by Mr. Indeshwari

         Prasad Mandal, the learned AC to GA-3.

                          2. At the very outset, Mr. Pramod Mishra, the

         learned Advocate for the petitioner, fairly submits that both

         the private parties are having dispute over the same piece of

         land.

                          3. The learned counsel appearing on behalf of

         the State submits that on account of such nature of dispute,

         the writ application is not maintainable.

                          4. The learned Advocate for the petitioner,

         however, seeks a liberty to file a proper application before the

         competent authority for removal of such encroachment in

         terms of the provisions as contained in the Bihar Land

         Disputes Resolution Act, 2009.

                          5. In such view of the matter, this writ

         application is disposed off with a liberty to the petitioner to

         file a proper application before the competent authority in

         terms of the legal provisions and if such an application is

         preferred by the petitioner within a period of two weeks

         henceforth, the same shall be considered and disposed off by

         the authority concerned positively within a period of six
             Patna High Court CWJC No.8627 of 2026 dt.29-06-2026
                                                        3/3




                      weeks thereafter.

                                       6. With the aforesaid observation/direction, the

                      writ application stands disposed off.

                                       7. Interlocutory application(s), if any, also

                      stands disposed off.



                                                       (Rana Vikram Singh, J)

Praveen-II/-
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          30.06.2026
Transmission Date       N/A


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