Md. Mumtaz Ahmad Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Md. Mumtaz Ahmad Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty granted to the petitioner to approach the appropriate authority for redressal of the grievance; writ petition disposed of on that basis.

Issue for consideration

Whether appropriate writ(s) should be issued commanding Respondent No. 6 (Sub Divisional Magistrate, Sadar, Gaya) to execute its order dated 19.01.2021 in Misc. Case No. 257/2019 (S.133 Cr.P.C.) and Respondent No. 7 (Circle Officer, Bodh Gaya) to initiate encroachment proceedings against Respondents 8 to 13 so as to free the 18 x 247 feet aam rasta in Khata No. 249/947, Plot Nos. 2296/2297, Mauza Miabigha, P.S. Bodhgaya, from encroachment, and restraining Respondents 8 to 13 from constructing on or alienating it.

Ratio / Principle

Upon learned counsel for the petitioner submitting that he would approach the appropriate authority for redressal of the grievance, and learned State counsel raising no objection, the Court granted that liberty and disposed of the writ petition without adjudicating the matter on merits.

Detailed headnote1 paragraphs

Patna High Court, Civil Writ Jurisdiction Case No.373 of 2026, oral order dated 19-01-2026, Justice Rajiv Roy. The petitioner, Md. Mumtaz Ahmad, sought writs (i) commanding Respondent No. 6, the Sub Divisional Magistrate, Sadar, Gaya, to execute its own order dated 19.01.2021 passed in Misc. Case No. 257/2019 under Section 133 Cr.P.C. (Md. Mumtaz Ahmad v. Md. Shamimuddin), whereby, having allowed the case in the petitioner's favour, the SDM had directed Respondent No. 7, the Circle Officer, Bodh Gaya, to initiate an encroachment case against Respondents 8 to 13; (ii) commanding Respondent No. 7 to comply with that direction and free the aam rasta measuring 18 x 247 feet in Khata No. 249/947, Plot Nos. 2296/2297, Mauza Miabigha, P.S. Bodhgaya, Dist. Gaya, from encroachment by Respondents 8 to 13; and (iii) restraining Respondents 8 to 13 from constructing on or alienating the said rasta. After some arguments, learned counsel for the petitioner submitted that he would approach the appropriate authority for redressal of the grievance; learned State counsel had no objection. Granting said liberty, the Court disposed of the writ petition. No adjudication on merits; no precedent cited; no quantum involved.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.373 of 2026

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

Md. Mumtaz Ahmad S/o Late Haji Mohammad Mumtaz Ahmad, Resident of Village-Pachatti, P.S.-Bodhgaya, Dist Gaya Ji.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Revenue and Land Reform Department, Patna.

The Principal Secretary, Revenue and Land Reform Department, Govt. of Bihar, Patna.

The Commissioner, Magadh Division, Gaya Ji.

The Collector, Gaya Ji.

The Deputy Collector Land Reforms, Sadar, Gaya Ji.

The Sub Divisional Magistrate, Sadar, Gaya Ji.

The Circle Officer, Bodh Gaya.

Md. Shamimuddin alias Naki Langri, S/o Nanki Langri, Resident of VillagePachatti, P.S.-Bodh Gaya, Dist Gaya Ji.

Md. Jawed alias Nanki Langri, S/o Zahir Mian, Resident of Village-Pachatti, P.S.-Bodh Gaya, Dist Gaya Ji.

Md. Shafaque, S/o Md. Shamimuddin alias Langri, Resident of VillagePachatti, P.S.-Bodh Gaya, Dist Gaya Ji.

Md. Qasaf, S/o Md. Shamiuddin alias Langri, Resident of Village-Pachatti, P.S.-Bodh Gaya, Dist Gaya Ji.

Md. Sad, S/o Md. Shamimuddin alias Langri, Resident of Village-Pachatti, P.S.-Bodh Gaya, Dist Gaya Ji.

Umar Farooque alias Azam, S/o Md. Shamimuddin alias Langri, Resident of Village-Pachatti, P.S.-Bodh Gaya, Dist Gaya Ji.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Amar Alam, Advocate : Mr. Majid Mahboob Khan, Advocate For the State : Mr. Manoj Kumar Ambastha, SC-26 : Mr. Santosh Kumar Mishra, AC to SC-26 ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

2 19-01-2026 Heard the parties.

The present petition has been preferred for the

grant of following relief(s):

“(i) for issuance of appropriate writ(s)

Patna High Court CWJC No.373 of 2026(2) dt.19-01-2026 2/3

thereby commanding and directing the respondent No. 06 to execute its own order dated 19.01.2021 passed in Misc. Case No 257/2019 U/S 133 Cr.P.C. (Md. Mumtaz Ahmad V/s Md Shamimuddin) whereby while allowing the said case in favour of the petitioner said Respondent No. 06 has directed the Respondent No-07 to get the encroached rasta free from encroach as out by initiating encroachment case against the Respondent No. 8 to 13 who are encroachers upon 18 x 247 Feet rasta situated in Khata No. 0 249/947, Plot No. 2296/2297 at MauzaMiabigha, P.S Bodhgaya, Dist - Gaya Ji.

(ii) For also issuance of appropriate writ(s) thereby commanding upon the respondent No 7 to comply the order direction dated 19/01/2021 passed in Misc. Case No-257/2019 by starting Encroachment proceedings against the Respondent nos 8 to 13 and to get the aam rasta measuring 18 x 247 feet in Khata No 249/947, Plot nos 2296/2297 at MouzaMiabigha, P.S.-Bodhgaya, free from

Patna High Court CWJC No.373 of 2026(2) dt.19-01-2026 3/3

encroachment nos. 8 to 13.

(iii) for also restraining the respondent nos 8 to 13 from making any kind of constructing and/or alienating the aam rasta measuring 18 x 247 ft. on plot nos 2296/2297 of the said land.

(iv) for grant of any other relief(s) which the petitioner may be entitled to in the facts and circumstances of the case.”For grant of any other relief (s) which the petitioner may be entitled to in the facts and circumstances of the case.

After some arguments, learned counsel for the petitioner submits that he shall be approaching the appropriate authority for the redressal of the grievance.

Learned State counsel has no objection.

In that background, granting said liberty, the writ petition is disposed of.

(Rajiv Roy, J)

vinayak/-

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