Patna High Court
Ram Prakash JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The High Court held that the appropriate remedy is for the petitioners to approach the District Magistrate, who shall pass an order in accordance with law.
Summary
Ram Prakash Jha and Gopal Mishra filed a writ petition in the Patna High Court seeking a mandamus directing the State authorities to demarcate 1 Katha 5 Dhur of Plot No. 698, prevent its illegal settlement, protect the erection of a boundary wall, and order a reasoned disposal of their representation. The petitioners alleged that the respondents were attempting to settle the land despite the petitioners' possession of a residential house-cum‑vacant land. The court heard arguments and noted that the petitioners intended to approach the District Magistrate, Begusarai, for redress. The State counsel raised no objection to this approach. The court disposed of the writ petition, directing the petitioners to seek relief from the District Magistrate, who should pass an order in accordance with law at the earliest.
Issues considered
- Whether the High Court can issue a writ of mandamus directing demarcation of the disputed land.
- Whether the petitioners are entitled to protection for erecting a boundary wall on the disputed land.
- Whether the appropriate remedy lies with the administrative authority (District Magistrate) rather than the High Court.
Subjects
- land demarcation
- writ of mandamus
- illegal encroachment
- boundary wall
- administrative remedy
- land reforms
- high court jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9512 of 2024
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1. Ram Prakash Jha Son of Late Ramchandra Jha Resident of Village- Suja,
P.S. Muffasil, District- Begusarai.
2. Gopal Mishra, Son of Bhola Mishra Resident of Village- Suja, P.S. Muffasil,
District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Revenue and Land Reforms
Department, Govt. of Bihar, Patna.
2. The District Magistrate, Begusarai.
3. The Deputy Collector Land Reforms, Begusarai.
4. The Sub-Divisional Officer, Begusarai.
5. The Circle Officer, Begusarai.
6. Mahesh Mahto, Son of Late Laddu Mahto Resident of Village- Suja, P.S.
Muffasil, District Begusarai.
7. Ramashish Mahto, Son of Late Laddu Mahto Resident of Village- Suja, P.S.
Muffasil, District Begusarai.
8. Dinesh Mahto, Son of Late Laddu Mahto Resident of Village- Suja, P.S.
Muffasil, District Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Pandey, Advocate
For the Respondent/s : Mr. S.D. Yadav, AAG-09
Mr. Braj Bhushan Mishra, AC to AAG-09
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 18-04-2026 Learned counsel for the petitioner undertakes to
remove the defect(s).
2. Heard the parties.
3. The present petition has been preferred for the
following relief/s:
(i) for issuance of an appropriate writ in the
nature of mandamus commanding and
Patna High Court CWJC No.9512 of 2024(2) dt.18-04-2026
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directing the Respondent authorities to
demarcate the land 1 Katha 5 Dhur of Plot
No. 698 Khata No. 258 in the presence of the
petitioners as per the settlement;
(ii) for further direction to the Respondent
authorities not to settle the land measuring
an area 1 Katha 5 Dhur of Plot No.698
whereupon the petitioners having residential
house-cum-vacant land in possession of the
petitioners and the Respondent authorities
are taking steps to settle the land to the
illegal encroache;
(iii) for further direction to the Respondent
authorities to provide protection to the
petitioners in erection of the boundary wall
over the said land on the cost of the
petitioners;
(iv) for further direction to the Respondent
authorities to dispose of the representation
of the petitioners by reasoned and speaking
order within time framed;
(v) and for any other relief/reliefs for which
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the petitioners are found to be entitled in the
eye of law.
3. After some argument, learned counsel for the
petitioner submits that he shall be approaching before the
District Magistrate, Begusarai for the redressal of the grievance.
4. Learned State counsel has no objection to the said
stand of the petitioner.
5. In that background, the writ petition is disposed of
allowing the petitioner to approach the the District Magistrate,
Begusarai who shall be passing an order in accordance with the
law at an earliest.
(Rajiv Roy, J)
Ravi/-
U
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