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Patna High Court

Ram Prakash JhaversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                 ======================================================
           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
         Patna High Court CWJC No.9512 of 2024(2) dt.18-04-2026
                                                     3/3




                                           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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