Oral order disposing of a writ petition seeking mandamus to stop illegal land excavation. Court was satisfied that appropriate steps were taken by authorities, allowed liberty to pursue alternative remedies, and dismissed the petition.
Petition disposed; liberty granted to parties to avail alternative remedies for redressal of grievances.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4348 of 2023
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Taj Ahmad Son of Late Mushtaque Ahmad, resident of village- Birdipur, P.O. - Arai Birdipur, Via - Kansi Simri, Anchal - Singhwara, P.S. - Simri, District - Darbhanga. At present residing at - House No. 636/9, Second Floor, Zakir Nagar, P.S. Jamia Nagar, Okhla, New Delhi.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Iqbal Asif Niazi For the Respondent/s : Mr.Md. Khurshid Alam (Aag12)
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
3 10-11-2023 The present writ petition has been filed seeking the
following reliefs:-
Patna High Court CWJC No.4348 of 2023(3) dt.10-11-2023 2/6
“1(i). For issuance of a writ in the nature of ‘mandamus' directing the concerned respondents to protect the valuable constitutional right of the petitioner to have property and enjoy the same and restrain the private respondents from illegal excavation upon the petitioner’s land appertaining to Khata No. 1248, Khesra No.4312 measuring an area 1 Acre 76 decimal (1 Bigha 19 Katha 3 Dhur), situated at Mauza - Arai, Anchal - Singhwara, District Darbhanga and to provide protection to the petitioner as he happens to be the lawful owner of the said property.
(ii). For further to ensure that the petitioner is not harassed by the respondents as admittedly there is no dispute of title over the land of the petitioner which is his ancestral property over which Jamabandi no. 357 is running in the name of petitioner’s father and the private respondents in collusion with local Circle Officer and S.H.O are excavating over his land without authority and the state respondents have become mute spectator thereby perpetuating illegality.
(iii). For further directing the concerned authorities to take appropriate action against the private respondents on the representation of the petitioner so that he is able to enjoy the benefit of the land in question on which he is being harassed by the private respondents due to illegal excavation in connivance with local Circle Officer and S.H.O by taking law in their hand and
Patna High Court CWJC No.4348 of 2023(3) dt.10-11-2023 3/6
constantly threatening the petitioner of dire consequences and though the petitioner has approached all the competent authorities but they have not taken any appropriate action to ensure the safety of the life and property of the petitioner.
(iv). For further prayer to compensate the petitioner for illegal excavation have been done by the private respondents on his raiyati land in connivance with respondent No.10 and 11 which is evident from the report of District Mining Officer, Darbhanga (respondent No.9).”
“(8). That it is humbly submitted that the R.S.Khatiyan attached to the submitted enquiry report signifies the fact that the land in question appertaining to khata no. 4248, kheshra no. 4312,
Patna High Court CWJC No.4348 of 2023(3) dt.10-11-2023 4/6
is recorded in the name of Mustaque Ahmad s/o Zahid Hussain, and the same is the Raiyati Land. The submitted report also transpires the facts that there is a rivalry dispute between the petitioner and the respondent no. 12 to 15 relating to the land in question.
(9). That it is further respectfully submitted that in due course of enquiry, the enquiry committee has found that the land in question is a low land and is full of water in which fishery work is being done by the local people. The submitted report also transpires the fact that on being enquired of the fact relating to having illegal excavation in the land in question, the local people does not clearly say about the said excavation and in the same, due to water logging at the spot, alleged excavation cannot be verified and authenticated. (10). That it is further respectfully submitted that the submitted report also signifies the fact that on earlier occasion, the land in question has been enquired by the Additional Collector, (Departmental Enquiry) Darbhanga who has submitted its report vide letter no. 18 dated 3001-2023 stating the fact that no clear proof of having excavation in the land in question has been found due to having water logging at the relevant period.
(11). It is further respectfully submitted that pursuant to the observation made in the submitted report as well as seeing the nature and
Patna High Court CWJC No.4348 of 2023(3) dt.10-11-2023 5/6
circumstances of the case i.e. basically having allegation of the theft of petitioner's soil by private respondents no. 12 to 15 and as per submission of the petitioner relating to non-action of the S.H.O., Simri, Darbhagana, the respondent the District Magistrate, Darbhanga, vide letter no. 3140/DL dated 28-10-2023 has aptly approached the matter before the Senior Superintendent of Police, Darbhanga, with a direction to lodge an F.I.R. in relation to petition/complaint filed by the petitioner and to make proper investigation into the matter and to do needful as required.”
Patna High Court CWJC No.4348 of 2023(3) dt.10-11-2023 6/6
steps for redressal of the grievances of the petitioner and for ensuring that the rule of law prevails.
under the law for redressal of their respective grievances.
(Mohit Kumar Shah, J)
Ajay/- U
Taj Ahmad Son of Late Mushtaque Ahmad
State of Bihar
Abdul Rahman @ Dano
Arman Rashid
Ata Karim
Md. Zafeer Ahmad
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
