Disposed

Mohan Hazra v. The State Of Bihar and Ors.

Patna HC4 Aug 2025CWJC/17411/2016

Case brief

AI extract

What is this about?

The Patna High Court disposed of a writ petition seeking certiorari and mandamus regarding land records and encroachment. The court declined to exercise jurisdiction, observing that the petitioner had already been directed by the Circle Officer to approach the competent court. The court granted liberty to file such a petition, noting the writ was pending for nine years and limiting period in the b

What did the court decide?

Liberty granted to approach the appropriate authority/court; writ petition disposed of accordingly. No substantive order on Zamabandi or encroachment.

Mohan Hazra Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17411 of 2016

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Mohan Hazra Son of Late Janki Hazara resident of village - Chandwari, P.S. - Chandan, District - Banka.

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... ... Petitioner/s

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Versus

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The State of Bihar

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The Superintendent of Police, Banka.

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The Circle Officer, Chandan, Dist - Banka.

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The S.H.O. of Chandan Police Station.

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The Deputy Collector of Land Reforms Officer, Banka.

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The Circle Inspector, Chandan.

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Bhutak Yadav s/o late Prabhu Yadav

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Silo Yadav

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Mahendra Yadav

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Rajendra Yadav

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Vishnu Yadav Sl. No. 7 to 10 sons of late Jageshwar Yadav

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Kameshwar Yadav

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Bharat Yadav Boths sons of Abbu Yadav

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Daku Yadav

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Gujan Yadav Both sons of late Prabhu Yadav All are residents of village - Chandwari, P.S. - Chandan, District - Banka.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Manish Kumar, Advocate For the Respondent/s : Mr.Subhash Chandra Yadav-GP15 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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2 04-08-2025 Heard the parties.

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The present petition has been preferred for the

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following relief/s:

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(i) for issuance of a writ in the nature of

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"certiorari" whereby and whereunder setting

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Patna High Court CWJC No.17411 of 2016(2) dt.04-08-2025 2/3

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aside the order dated-24.12.2014 passed by the Respondent no.3 in case no. 114/2013-14 whereby the creation of new Zamabandi in the favour of the petitioner has been rejected with regard to the Lands falling within Mauza Chandwari, Thana no.117 appertaining to khata no.96 Khesra No.577 measuring total area of land 1.20 decimal, and further payer of the petitioner is for issuance of a writ in the nature of mandamus whereby to remove the illegal encroachment over the aforesaid land by the private respondents no. 7 to 15 who have illegally taken physical possession of the aforesaid land by use of muscle power and illegal force and further for creation of Zamabandi in the name of the petitioner as aforesaid.

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The petitioner is aggrieved by the order passed by

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the Circle Officer, Chandan, Banka by which it declined to consider the case submitting that it would be appropriate for the petitioner to approach the competent Court. The order came to

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Patna High Court CWJC No.17411 of 2016(2) dt.04-08-2025 3/3

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be passed on 24.12.2024.

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Aggrieved, the present petition.

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Learned State counsel submits that instead of

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moving before a competent authority/Court, the petitioner has chosen the writ jurisdiction which is fit to be dismissed.

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Learned counsel for the petitioner submits that he shall be approaching the appropriate authority/Court for the redressal of the grievance.

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Granting said liberty with further observation that if such petition is preferred, the limitation petition be considered in the background of the fact that the writ petition was pending before this Court for nine years.

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The writ petition is disposed of with aforesaid

observation.

(Rajiv Roy, J)

Ravi/-

Mohan Hazra v. The State Of Bihar and Ors.

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Mohan Hazra v. The State Of Bihar and Ors.

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