Shatrudhan Mishra Vs State of Bihar — Patna HC (2026) — LawSathi Research

Shatrudhan Mishra Vs State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No mandamus was issued. With the aforesaid observation, the writ petition was disposed of, leaving the petitioner at liberty to approach the Collector, West Champaran, Bettiah (respondent no. 2) with his supporting documents, who shall hear the parties and take a decision.

Issue for consideration

Whether the petitioner is entitled to a writ of mandamus restraining the respondents from disturbing his possession of land bearing Khata No. 596 (Khesra No. 919, measuring 6 Khatta, 16 dhur; and Khesra No. 1073, measuring 10 Khatta) at Mauza Bakhariya, Anchal Majhaulia, West Champaran, in view of the Circle Officer's letter no. 236 dated 11.03.2023 proposing use of the land under the cleanliness mission. +1 more

Court's answer

Only a communication was made between the respondents in the year 2023, and there is nothing further on record to show that any step was taken pursuant thereto.

Ratio / Principle

If the petitioner has documents to support his claim, he can very well approach the Collector, West Champaran, Bettiah (respondent no.02), who, after hearing the parties, can take a decision in the matter.

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.) — Civil Writ Jurisdiction Case No.15420 of 2023, disposed of. The petitioner sought mandamus restraining officials from disturbing his possession of land at Mauza Bakhariya, Anchal Majhaulia, West Champaran (Khata No. 596; Khesra No. 919 measuring 6 Khatta, 16 dhur and Khesra No. 1073 measuring 10 Khatta), alleged to have been settled in favour of his late serviceman father as per letter No. 132 dated 28.06.2023 of the District Agriculture Officer, and was aggrieved by letter no. 236 dated 11.03.2023 of the Circle Officer, Majhaulia to the Block Development Officer on use of the land under the cleanliness mission — a letter not challenged in the writ petition. The court found only an inter-departmental communication of 2023 with nothing on record showing any step taken pursuant thereto, and observed that if the petitioner has documents supporting his claim he may approach the Collector, West Champaran, Bettiah (respondent no. 2) for a decision after hearing the parties.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15420 of 2023

======================================================

Shatrudhan Mishra S/o Hirdiya Nand Mishra, R/o Ward No. 9, Bakharia, P.S. - Majhaulia, West Champaran, Bihar.

... ... Petitioner/s

Versus

State of Bihar through the Secretary Land and revenue Department, government of Bihar, Patna.

District Magistrate, Betia, West Champaran.

Additional District Colector, Betia, East Champaran.

Block Agriculture Officer, Majhaulia, West Champaran.

Circle Officer, Majhaulia,

Block Development Officer, Majhaulia,

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr. Prakash Chandra, Advocate For the Respondent/s : Mr. Sajid Salim Khan ( Sc 25 ) ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

3 18-04-2026 Heard the parties.

The present petition has been preferred for the

following relief(s):

“for issuance of appropriate writ or writs in the nature of commanding the concerned officials mandamus respondents not to disturb the peaceful possession of the petitioner land bearing Khata No. 596, Khesra No. 919, measuring 6 Khatta, 16 dhur situated in Mauza Bakhariya, Anchal Majhaulia, P.S No. 280, West Champaran settled in the faviour of the father of the petitioner

Patna High Court CWJC No.15420 of 2023(3) dt.18-04-2026 2/3

namely late Hirdaya Nand Mishra who was a serviceman and the same clears from the letter No. 132, dated 28.06.2023, issued by the District Agriculture Officer, Majhaulia, West Champaran and further petitioner bleaches indulgence of this Hon'ble Court for the issuance of appropriate writ or writs in the nature of mandamus commanding the concerned officials not to disturb the physical possession of the petitioner land bearing Khata No. 596, Khesra No. 1073, measuring 10 Khatta situated at Mauza Bakhariya, Anchal – Majhaulia, P.S. No. 280.”

Learned counsel for the petitioner is aggrieved by the letter no. 236 dated 11.03.2023 (though the same has not been challenged) by the Circle Officer, Majhaulia addressed to the Block Development Officer, Majhaulia on the point of use of the said land under the cleanliness mission.

The grievance is that he has valid document to show his bonafide but they are trying to use it for the said mission.

Learned State counsel submits that save and except the said letter, no additional document is there to show the claim

Patna High Court CWJC No.15420 of 2023(3) dt.18-04-2026 3/3

put forward by the petitioner vis-a-vis the land in question.

Be that as it may, only a communication has been

made between the respondents in the year 2023 and there is nothing on record further to show that pursuant thereto any step has been taken.

If the petitioner has document to support his claim, he can very well approach the Collector, West Champaran, Bettiah (respondent no.02), if required so that after hearing the parties he/she can take a decision in the matter.

With the aforesaid observation, the writ petition is

disposed of.

(Rajiv Roy, J)

Ravi/-

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