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Patna High Court

Rabindra Kumar SinhaversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The High Court held that the dispute is a factual matter that must be adjudicated by a civil court and there is no ground to interfere with the Collector's order.

Summary

The petitioner, Rabindra Kumar Sinha, claimed ownership of 85 square feet of land in Kishanganj, asserting that it formed part of his family's six kathas and that a 1996 encroachment drive had unjustly removed his structure. He sought a writ of certiorari to quash the Collector's order dismissing his appeal and a writ of mandamus directing restoration of the land and compensation. The Collector had dismissed the petition, relying on a 1910 survey that designated the land as State property, despite the petitioner presenting a 1986 Khatiyan. The High Court observed that the factual dispute over ownership and the alleged illegal encroachment is best resolved by a competent civil court. Consequently, the Court found no basis to interfere with the Collector's order and disposed of the writ petition.

Issues considered

  • Whether the Collector's order dismissing the petitioner's claim can be set aside by a writ of certiorari.
  • Whether the petitioner is entitled to restoration of the 85 sq ft land claimed as his property.
  • Whether the petitioner can claim compensation for the demolition of his structure.
  • Whether the High Court has jurisdiction to entertain the writ petition or the matter should be decided by a civil court.

Subjects

  • encroachment
  • land ownership
  • writ of certiorari
  • writ of mandamus
  • civil court jurisdiction
  • municipal land
  • survey report
  • property dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.9890 of 2018
                 ======================================================
                 Rabindra Kumar Sinha Son of Late Jamuna Prasad Resident of Mahavir
                 Marg, Kamal Market, P.O. Kishanganj, P.S. Kishanganj, District Kishanganj,
                 Bihar.

                                                                            ... ... Petitioner/s
                                                     Versus
           1.    The State Of Bihar
           2.    The District Magistrate/Collector, Kishanganj,
           3.    The Sub-Divisional Officer, Kishanganj
           4.    The Kishanganj Municipality Nagar Parishad through its Chief Executive
                 Officer, District Kishangan

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Ramesh Kumar Agrawal, Advocate
                                                 Mr.Kumar Ravish, Advocate
                 For the Respondent/s   :        Mr.Dhurjati Kumar Prasad, GP-14
                 For Kishanganj Nagar Parishad : Mr. Bindhyachal Rai, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

6   22-01-2026                   Heard Mr. Ramesh Kumar Agrawal, learned counsel

                   for the petitioner duly assisted by Kumar Ravish, Mr. Dhurjati

                   Kumar Prasad, learned GP-14 and Mr. Bindhyachal Rai, learned

                   counsel for the Kishanganj Municipal Corporation.

                                 2. The present petition has been preferred for the

                   following relief/s:

                                            (i) to issue a writ of certiorari by quashing

                                            and setting aside Annexure-P/10 i.e. the

                                            order dated 17.10.2017 passed by the

                                            Respondent No. 2 District Magistrate,

                                            Kishanganj in Encroachment Appeal Case
Patna High Court CWJC No.9890 of 2018(6) dt.22-01-2026
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                                  No. 4 of 1996: Rabindra Kumar Sinha Vs.

                                  Nagar Parishad, Kishanganj and others

                                  whereby and whereunder the appeal filed by

                                  the petitioner was dismissed contrary to the

                                  mandate of law and legal proposition

                                  without considering the last Survey Report;

                                  (ii) to issue a consequential writ of

                                  mandamus directing and commanding the

                                  respondents to restore the land situated at

                                  Circle:         Kishanganj,   Mauza:   Kasba

                                  Kutubganj, Thana No. 460, M.S. Khata No.

                                  08, Municipal Survey Plot No. 35/46, Ward

                                  No. 13, Municipality Holding No. 77 (Old),

                                  to an extent of 85 square feet, construction

                                  whereof was held to be illegal on the ground

                                  of encroachment of public road which was

                                  demolished by the petitioner in the year

                                  1996 itself in view of constraints imposed by

                                  the Municipality in the demolition drive;

                                  (iii) to direct the Respondents to suitably

                                  compensate this petitioner for the illegality

                                  committed by them which led to demolition
Patna High Court CWJC No.9890 of 2018(6) dt.22-01-2026
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                                  of the part of the house of the petitioner;

                                  (iv) to any other relief or relief (s) which the

                                  petitioner may be found entitled to in the

                                  facts and circumstances of the case.

                       3. The petitioner owns a piece of land in the township

          of Kishanganj and claims that when the encroachment drive was

          carried out by the District Administration in the year 1996 based

          on 1910 survey report. Thereafter, he on his own, demolished

          85 sq.ft. area to prevent damage of rest of his existing building.

          However, the contention is that the said land belongs to him

          which is part of 06 kathas that the family owns. The further

          claim is that following the order passed in C.W.J.C. No. 9119 of

          1996 (Sanjeev Prasad & Ors. vs. the State and Ors.), the

          survey report of the year1986 be taken into account instead of

          1910.

                       4. The matter, ultimately, went before the Collector,

          Kishanganj who after hearing the parties in Encroachment

          Appeal Case No. 4 of 1996 (Rabindra Kumar Sinha Vs.

          Nagar Parishad, Kishanganj & Ors.) held that the petitioner

          wants to take benefit of the order passed by the Patna High

          Court in C.W.J.C. No. 9119 of 1996 but actually illegal

          encroachment was made on 85 sq.ft. of land which now stands
Patna High Court CWJC No.9890 of 2018(6) dt.22-01-2026
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          removed and the same is justified. The appeal was accordingly,

          dismissed which followed the present writ petition.

                       5. Learned counsel for the petitioner has taken this

          Court to the typed copy of Khatiyan of 1986 to show that he

          owns 06 kathas of land and by way of supplementary affidavit,

          the petitioner has stated that the portion that was demolished is

          part of the 06 kathas of land.

                       6. Counter affidavits have come on behalf of the

          respondents and the learned State Counsel has taken this Court

          to paragraph-11 to submit that the 85 sq.ft. of land was

          encroached by him which has now stands removed after the

          special drive of removal was conducted.

                       7. This Court has taken note of the fact that area was

          cleared by the petitioner himself though stand is that to save the

          building from getting damaged, he took the extreme steps and

          now wants its restoration.

                       8. Further, the petitioner claims that the structure is

          existing there pursuant to the sanctioned plan and the family is

          paying rent receipt regularly to the Kishanganj Nagar Parishad.

          In that background, this Court wanted to go through the

          sanctioned dues as also the rent receipts. Unfortunately, both

          are missing from the petition.
         Patna High Court CWJC No.9890 of 2018(6) dt.22-01-2026
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                                09. The petitioner claims 74 sq.ft. of the land from

                   which encroachment has voluntary been removed by him, the

                   State on the other hand disputes the same and records that as

                   per the year       1910 survey, it is the State property. Clearly,

                   disputed questions of facts             are there which can at best be

                   adjudicated by a competent Civil Court.

                                10. Both the parties are free to agitate the matter

                   before a competent Civil Court with regard to the aforesaid 74

                   sq.ft.

                                11. This Court do not find any reason to interfere with

                   the order passed by the Collector, Kishanganj. The writ petition

                   is disposed of with the aforesaid observation.



                                                 (Rajiv Roy, J)
Ravi/-

U


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