Patna High Court
Maqsood Alam @ Maksood AlamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court directed the District Magistrate, through the Circle Office, to examine the land records and ascertain any encroachment, and disposed of the writ petition without granting the relief sought.
Summary
Petitioner Maqsood Alam filed a writ petition claiming that a house/land recorded in his name (Khata No.33, Khesra No.2182, 8 dismil) has been encroached upon by respondents 4‑7. He sought a writ directing the respondents to vacate the property and requested that his grievance be examined by the District Magistrate. The Court, noting the petitioner's submission, directed the District Magistrate, after consulting the Circle Office, to verify the land records and determine whether any unauthorized occupation exists. If encroachment is found, the Court indicated that appropriate legal action should follow. No substantive determination on ownership was made; the petition was simply disposed with the direction for administrative investigation.
Issues considered
- Whether a writ can be issued to compel vacating of land alleged to be encroached upon by third parties.
- Whether the Court may direct the District Magistrate and Circle Officer to investigate the alleged encroachment before granting relief.
Subjects
- land encroachment
- writ petition
- property rights
- civil writ jurisdiction
- administrative investigation
- district magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.954 of 2026
======================================================
Maqsood Alam @ Maksood Alam Son of Late Dukhan Mia Resident of
Kusurar Zafza, P.S.- Bela Ganj, District- Gayajee.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Land Reform
Department, Patna.
2. The Circle Officer, Belaganj, Gayajee.
3. The District Magistrate, Gayajee.
4. Bittu Miyan, Son of Late Karu Miyan Resident of Village- Waridpur, P.S.-
Bela, District- Gayajee.
5. Md. Seraj, Son of Biltu Miyan Resident of Village- Waridpur, P.S.- Bela,
District- Gayajee.
6. Md. Imtiyaj Mishtry, Son of Biltu Miyan Resident of Village- Waridpur,
P.S.- Bela, District- Gayajee.
7. Md. Mustaque, Son of Biltu Miyan Resident of Village- Waridpur, P.S.-
Bela, District- Gayajee.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Nilima Sinha, Advocate
For the Respondent/s : AC to Standing Counsel (13)
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 27-01-2026 Heard Ms. Nilima Sinha, learned counsel
appearing on behalf of the petitioner and learned AC to
Standing Counsel (13) for the State.
2. Petitioner has inter alia prayed for following reliefs
in the paragraphs No.1 of the writ petition:-
“1. That, this is an application for issuance of
an appropriate writ order or direction to command the
Respondents to vacate the house of petitioner which is
registered and recorded in the name of petitioner
belongings to him in circle office Bela Ganj District-
Gayajee, which has been incourse encroached by
Respondent no. 4 to 7 of this application.”
Patna High Court CWJC No.954 of 2026(2) dt.27-01-2026
2/3
3. Learned counsel appearing on behalf of petitioner
submits for the relief, as sought for in the present writ petition,
the petitioner seeks to file a detailed representation for redressal
of his grievance before the District Magistrate,
Gayajee and the same may be disposed of in light of order
passed by this Court in CWJC No.348 of 2026 ( Krishna Devi
Vs. State of Bihar & Ors.)
4. Considering the aforesaid specific submission made
on behalf of the petitioner, the District Magistrate, Gayajee, is
directed to examine the petitioner’s case in respect of the land in
question through the Circle Office and ascertain whether any
encroachment has been made thereon. The Circle Officer is
directed to place all the records relating to the land being the
subject matter of the present writ petition in connection with
Khata No.33, Khesra No.2182, Area 8 dismil already in the
name of Maqsood Alam @ Maksood Alam Son of Late Dukhan
Mia Resident of Kusurar Zafza, P.S.- Bela Ganj, District-
Gayajee. If it is found that unauthorized persons have occupied
the land, then in that case, the law shall take its own course. If
the District Magistrate allows to give acceptance of such high-
handedness action then there will be no respect for the rule of
law and unlawful elements must be dealt with strictly in
Patna High Court CWJC No.954 of 2026(2) dt.27-01-2026
3/3
accordance with due process of law.
5. The writ petition is, accordingly, disposed of.
6. Interlocutory Application(s), if any, also stands
disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U
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