Disposed

Shyamdeo Jha v. The State Of Bihar and Ors.

Patna HC5 Feb 2026CWJC/18706/2013

Case brief

AI extract

What is this about?

A writ petition sought implementation of a Sub-Divisional Magistrate's 2001 order regarding removal of a hut on land at Mauza Kumaitha. With 25 years elapsed and demarcation already directed to the Circle Officer, the court allowed the petitioner to move the SDM afresh.

What did the court decide?

Petitioner permitted to prefer a fresh petition before the Sub-Divisional Magistrate, Sadar, Bhagalpur, who shall hear parties and conclude the matter expeditiously.

Shyamdeo Jha Vs The State Of Bihar and Ors. — Property and Title | Patna HC (2026)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18706 of 2013

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Shyamdeo Jha S/O Sri Umakant Jha Resident Of Village- Shyampur, P.SBath, District- Bhagalpur.

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... ... Petitioner/s

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Versus

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The State Of Bihar and Ors

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The Collector, Bhagalpur, Distt- Bhagalpur.

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The Sub- Divisional Magistrate, Bhagalpur, Distt- Bhagalpur.

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The Anchal Adhikari, Sultanganj, Distt- Bhagalpur.

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5.1. Devendra Jha Husband of Late Sahinta Devi, Resident of Village - Shyampur, Police Station - Bath, District- Bhagalpur.

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5.2. Vishnukant Jha Son of late Sahinta Devi, Resident of Village - Shyampur, Police Station - Bath, District- Bhagalpur.

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5.3. Shashi Jha Son of Late Sahinta Devi, Resident of Village - Shyampur, Police Station - Bath, District- Bhagalpur.

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5.4. Chandra Shekhar Jha Son of late Sahinta Devi, Resident of Village - Shyampur, Police Station - Bath, District- Bhagalpur.

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5.5. Sanjay Jha Son of late Sahinta Devi, Resident of Village - Shyampur, Police Station - Bath, District- Bhagalpur.

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Mira Devi W/O Rajendra Jha Address Not Mentioned In List.

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Anita Devi W/O Yogendra Jha Address Not Mentioned In List.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Rabindra Prasad Singh, Adv. For the Respondent/s : Mr. A. Ujjwal, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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10 05-02-2026 Heard the parties.

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The present application has been preferred for the

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following relief(s):

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(i) For issuance of an appropriate order/orders/direction/directions/ writ in the nature of Mandamus directing and Commanding to Respondents to implement

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Patna High Court CWJC No.18706 of 2013(10) dt.05-02-2026 2/3

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the order dtd 13-11-01 passedby the subDivisional Magistrate Bhagalpur inM Pno190/2000 (Shyam Deo Jha vs Sahina devi and others aswellas notice dtd 20-112002 issued by the Anchal adhikari Sultanganj distt. Bhagalpur with regard t oremoved the hut 10 dhurs of land of khesra no507 under khara no 587 Thana 190 Mauza Kumaitha by the Respondent no 5 to 7

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(ii) And further be pleased to grant other reliefs/reliefs as kim the petitioner is entitled for.

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An order came to be passed on 13.11.2001 in Misc. Case No. 190 of 2000 (Shyam Deo Jha vs. Sahina Devi & ors.) by the Court of Sub-Divisional Magistrate, Sadar, Bhagalpur.

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Twelve years later, the writ petition has been filed for its implementation.

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Learned counsel for the State submits that 25 years have been lapsed and in that background, it would be appropriate that the petitioner approaches the respondent, SubDivisional Magistrate, Sadar, Bhagalpur for the needful. No order can be passed in the said matter after the lapse of 25 years, particularly when the Sub-Divisional Magistrate, Sadar, Bhagalpur had already directed the concerned Circle Officer to take steps for demarcation of land in the presence of the parties.

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Patna High Court CWJC No.18706 of 2013(10) dt.05-02-2026 3/3

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Learned counsel for the petitioner submits that they shall be approaching the Sub-Divisional Magistrate, Sadar, Bhagalpur (respondent no. 3) for the redressal of the grievance.

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The aforesaid prayer is allowed.

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The petitioner should prefer a petition if they still have grievance before appropriate authority (the Sub-Divisional Magistrate, Sadar, Bhagalpur) who shall be looking into the matter and after issuance of notices/hearing the parties, the same be taken to its logical conclusion at an earliest.

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(Rajiv Roy, J)

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Vijay Singh/-

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Shyamdeo Jha v. The State Of Bihar and Ors.

Case brief

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Shyamdeo Jha v. The State Of Bihar and Ors.

Case brief

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