2026 Supreme(Online)(Pat) 5127
PATNA HIGH COURT
Amarnath Prasad
CWJC-1056/2026
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1056 of 2026 ======================================================
Amarnath Prasad Son of Late Ramautar Sah, resident of Village-Damodarpur, P.S and Anchal- Kanti, District-Muzaffarpur (Bihar).
... ... Petitioner/s Versus
1. The State of Bihar
2. Principal Secretary, Land and Revenue Department, Government of Bihar, Patna.
3. District Magistrate-cum-Collector, Muzaffarpur.
4. Additional Collector, Muzaffarpur.
5. Sub-Divisional Officer, Muzaffarpur West, District Muzaffarpur.
6. D.C.L.R. Muzaffarpur (West), District Muzaffarpur.
7. Ancahl Adhikari, Dist. Muzaffarpur.
8. Md. Parwez Alam, w/o- Late Jakir Ansari, resident of Village- Demodarpur, P.S and Anchal- Kanti, Dist. Muzaffarpur.
9. Kamran Rahmani @ Vickky, Son of Late Habib Mustafa Rahmani, resident of Village- Demodarpur, P.S and Anchal- Kanti, Dist. Muzaffarpur.
10. Rakesh Mehta, son of Late Munna Lal Mehta, resident of Village-
Damodarpur P.S and Anchal- Kanti, Dist. Muzaffarpur.
11. Prabhat Mehta, Son of Late Munna Lal Mehta, resident of Village-
Damodarpur P.S and Anchal- Kanti, Dist. Muzaffarpur.
12. Aashish Mehta, Son of Late Munna Lal Mehta, resident of Village-
Damodarpur P.S and Anchal- Kanti, Dist. Muzaffarpur.
... ... Respondent/s ======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate For the State : Mr. Government Pleader (3)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
2 27-01-2026 Heard the parties.
2. The present petition has been preferred for the grant of following relief(s):
“(i) to issue a writ of mandamus or any other writ or writs, direction or directions, commanding upon the respondents to remove encroachment from the land bearing Khesra No. 1315, Area 6 decimal of Khata No. 551, Thana No. 396, situated in Village-Damodarpur, P.S & Anchal-Kanti, District- Muzaffarpur which is Public land recorded in the name of Bihar Sarkar and is used as rasta of the petitioner and other villagers and also the Village Water accumulates there. To which the private respondents forcibly wants to occupy and to erect boundary wall & pillar obstructing the rasta of the petitioner & other villagers.
(ii) to pass any such other order or orders as this Hon'ble Court deems fit and proper.”
3. Mr. Arun Kumar, learned counsel for the petitioner submits that though he approached the Circle Officer, Kanti (Muzaffarpur) several times, the officer is not taking note of the fact.
4. Learned State counsel submits that if there is a personal dispute with the respondents, the petitioner has to move before the Sub-Divisional Magistrate, Muzaffarpur West, Muzaffarpur and only if he has any grievance on the public land, the same can be adjudicated by the Circle Officer, Kanti, Muzaffarpur, but the annexures/averments are vague/not clear on what the petitioner want.
5. In that background, the petitioner is allowed to approach the appropriate authority/respondent alongwith all the documents to support the claim against the respondents, naturally, they have to be noticed, heard, whereafter the respondents are duty bound to take the matter to its logical conclusion.
6. The writ petition is disposed of with the aforesaid observation.
(Rajiv Roy, J)
vinayak/-
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