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Patna High Court

Chhotelal MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioner is granted liberty to approach the District Magistrate for redress of any subsisting grievance.

Summary

The petitioner, Chhotelal Mahto, filed a writ petition before the Patna High Court challenging the removal of an encroachment on his land. The opposite parties, including the State of Bihar and various officials, contended that the Encroachment Appeal No.08 of 2023 had been dismissed by the Collector on 2 April 2026 and the encroachment was physically removed on 21 April 2026. The petitioner argued that despite the removal, he still had a subsisting grievance and sought liberty to approach the District Magistrate for further redress. The Court examined the submissions and noted that the removal of the encroachment had been effected and the appeal dismissed. It held that the petitioner could indeed approach the District Magistrate for any remaining grievance. Accordingly, the Court granted the liberty sought and disposed of the petition.

Issues considered

  • Whether the petitioner is entitled to liberty to approach the District Magistrate for redress of any subsisting grievance after the encroachment appeal was dismissed and the encroachment removed

Subjects

  • encroachment
  • land reforms
  • civil writ jurisdiction
  • liberty to approach
  • district magistrate
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.650 of 2024
                                                    In
                              Civil Writ Jurisdiction Case No.7492 of 2023
                 ======================================================
                 Chhotelal Mahto S/o Late Chhathu Mahto, Resident of village-Bariyarpur,
                 P.O.and P.S. Piri Bazar, District-Lakhisarai.


                                                                               ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar through Sri Chandragupta Ashokvardhan, the Principal
                 Secretary, Land Reforms Department, Govt. of Bihar, Patna.
           2.    Sri Amrendra Kumar, the District Magistrate, Lakhisarai.
           3.    Sri Dr.Nishant, the Sub Divisional Officer, Lakhisarai.
           4.    Mr. Sunil Kumar Anand, the Circle Officer, Suryagarha Anchal, District-
                 Lakhisarai.
           5.    Mr.Abhishek Raj @ Chunnu, S/o Devki Mandal, Resident of village-
                 Bariyarpur, P.O.and P.S. Piri Bazar, Districft- Lakhisarai.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shambhu Sharan Singh, Advocate
                 For the Opposite Party/s :      Mr.Government Pleader 18
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

7   24-04-2026                    The learned counsel for the opposite parties submits

                   that Encroachment Appeal Case No.08 of 2023 has been

                   dismissed by an order dated 02.04.2026, passed by the

                   Collector, Lakhisarai and thereafter, the encroachment in

                   question has stood removed on 21.04.2026. The learned counsel

                   for the petitioner submits that in case the petitioner is having any

                   subsisting grievance, he may be granted liberty to approach the
            Patna High Court MJC No.650 of 2024(7) dt.24-04-2026
                                                        2/2




                      District Magistrate, Lakhisarai for redressal of the same. Liberty

                      so sought is granted.

                                   2. The petition stands disposed of.



                                              (Mohit Kumar Shah, J)
kanchan/-

U


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