Patna High Court

Munna KumarversusThe State of Bihar

Decided: 25 February 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH

Holding

The Court granted the petitioner liberty to seek other legal remedies and disposed of the petition.

Summary

Munna Kumar filed a writ petition against the State of Bihar and several officials and individuals alleging encroachment of land. The High Court had earlier ordered removal of encroachers in a previous case (CWJC No. 4988 of 2023). The counsel for the opposite parties informed the Court that all encroachers except five had been removed and the remaining five were allotted land under the Bihar Privileged Persons Homestead Tenancy Act, 1948. The petitioner sought liberty to approach other legal remedies for his remaining grievance. The Court granted the requested liberty and disposed of the petition.

Issues considered

Whether the petitioner is entitled to liberty to pursue other legal remedies after compliance with the earlier court order
Whether the allocation of land to the remaining encroachers under the Bihar Privileged Persons Homestead Tenancy Act, 1948, defeats the petitioner's claim

Subjects

encroachment
land allocation
Bihar Privileged Persons Homestead Tenancy Act
civil writ jurisdiction
liberty to approach court
petition disposal

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Miscellaneous Jurisdiction Case No.2741 of 2023
                                            In
                     Civil Writ Jurisdiction Case No.4988 of 2023
     ======================================================
     Munna Kumar Son of Sri Brijmohan Pandey Resident of Village- Karahi,
     Police Station- Baniyapur, District- Saran at Chapra.

                                                                 ... ... Petitioner/s
                                       Versus

1.   The State of Bihar through Mr. Amir Subhani, the Chief Secretary, Govt. of
     Bihar, Patna.
2.   Mr. Sarvanan, the Commissioner-cum-Revisional Authority, Saran Division,
     Chapra.
3.   Mr. Aman Samir, the District Magistrate, Saran at Chapra.
4.   Mr. Sanjay Kumar, the Additional Collector (Public Grievance Redressal)
     District- Saran-cum-the First Appellate Authority, Saran at Chapra.
5.   Mr. Randhir Kumar, the Sub-Divisional Public Grievance Redressal Officer,
     Baniyapur, Saran at Chapra.
6.   Mr. Sanjay Kumar, the Sub-Divisional Officer, Sadar Chapra, District- Saran
     at Chapra.
7.   Mr. Swaminath Ram, the Circle Officer, Baniyapur, District- Saran at
     Chapra.
8.   Mr. Mukul Kumar, The Officer-in-Charge, Baniyapur Police Station,
     District- Saran at Chapra.
9.   Sampat Rai Son of Late Algu Rai Resident of Village- Karhi, Police Station-
     Baniyapur, District- Saran at Chapra.
10. Ramawati Kunwar Wife of Ramnath Chaudhary Resident of Village- Karhi,
    Police Station- Baniyapur, District- Saran at Chapra.
11. Pinki Devi Wife of Sanjay Chaudhary Resident of Village- Karhi, Police
    Station- Baniyapur, District- Saran at Chapra.
12. Gaura Devi Wife of Shivbalak Ram Resident of Village- Karhi, Police
    Station- Baniyapur, District- Saran at Chapra.
13. Suleman Miyan Son of Alisher Miyan Resident of Village- Karhi, Police
    Station- Baniyapur, District- Saran at Chapra.
14. Meena Devi Wife of Shyam Bahadur Chaudhary Resident of Village- Karhi,
    Police Station- Baniyapur, District- Saran at Chapra.
15. Pramila Devi Wife of Shankar Chaudhary Resident of Village- Karhi, Police
    Station- Baniyapur, District- Saran at Chapra.
16. Fulmato Devi Wife of Shankar Chaudhary Resident of Village- Karhi, Police
    Station- Baniyapur, District- Saran at Chapra.
17. Shanti Devi Wife of Krishna Chaudhary Resident of Village- Karhi, Police
    Station- Baniyapur, District- Saran at Chapra.
18. Sushila Devi Wife of Lal Sah Resident of Village- Karhi, Police Station-
         Patna High Court MJC No.2741 of 2023(8) dt.25-02-2026
                                                     2/3




                 Baniyapur, District- Saran at Chapra.
           19. Meena Devi Wife of Asharfi Sah Resident of Village- Karhi, Police Station-
               Baniyapur, District- Saran at Chapra.
           20. Meena Devi Wife of Sunil Sah Resident of Village- Karhi, Police Station-
               Baniyapur, District- Saran at Chapra.
           21. Mosmat Minta Devi Wife of Late Arjun Sah Resident of Village- Karhi,
               Police Station- Baniyapur, District- Saran at Chapra.
           22. Mosmat Punwa Devi Wife of Late Amawas Rai Resident of Village- Karhi,
               Police Station- Baniyapur, District- Saran at Chapra.
           23. Mosmat Dularo Kunwar Wife of Late Jagarnath Sah Resident of Village-
               Karhi, Police Station- Baniyapur, District- Saran at Chapra.
           24. Shambhu Pandit Son of Late Dharmnath Pandit Resident of Village- Karhi,
               Police Station- Baniyapur, District- Saran at Chapra.
           25. Visheshar Pandit Son of Late Dharmnath Pandit Resident of Village- Karhi,
               Police Station- Baniyapur, District- Saran at Chapra.
           26. Ashok Pandit Son of Late Dharamnath Pandit Resident of Village- Karhi,
               Police Station- Baniyapur, District- Saran at Chapra.
           27. Deenanath Prasad Son of Rambriksh Prasad Resident of Village- Karhi,
               Police Station- Baniyapur, District- Saran at Chapra.
           28. Badan Prasad Son of Rambrriksh Prasad Resident of Village- Karhi, Police
               Station- Baniyapur, District- Saran at Chapra.
           29. Shambhu Chaudhary Son of Ashok Chaudhary Resident of Village- Karhi,
               Police Station- Baniyapur, District- Saran at Chapra.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Umesh Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr.Sajid Salim Khan (SC-25)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

8   25-02-2026             The Ld. Counsel for the opposite parties submits that in

                   compliance of the order of this Court dated 26.04.2023, passed

                   in CWJC No. 4988 of 2023, all the encroachers except five have

                   been removed and as far as the remaining five encroachers are

                   concerned, they have been allotted land under their occupation

                   by virtue of the provisions contained in the Bihar Privileged
         Patna High Court MJC No.2741 of 2023(8) dt.25-02-2026
                                                     3/3




                   Persons Homestead Tenancy Act, 1948.

                   2.      In view of the aforesaid, the Ld. Counsel for the petitioner

                   seeks liberty on behalf of the petitioner to take recourse to such

                   remedies as are otherwise available under the law for redressal

                   of his subsisting grievance. Liberty, so sought, is granted.

                   3.      The petition stands disposed off.



                                           (Mohit Kumar Shah, J)
S.Sb/-

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