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2023 DAILYLAW 1468 (PAT)

Shatrudhan Mishra v. State of Bihar

CWJC/15420/2023 · 2026-04-18

Rajiv Roy

body2023

Judgment text

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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 1. State of Bihar through the Secretary Land and revenue Department, government of Bihar, Patna. 2. District Magistrate, Betia, West Champaran. 3. Additional District Colector, Betia, East Champaran. 4. Block Agriculture Officer, Majhaulia, West Champaran. 5. Circle Officer, Majhaulia, 6. 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. 2. 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.” 3. 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. 4. The grievance is that he has valid document to show his bonafide but they are trying to use it for the said mission. 5. 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. 6. 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. 7. 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. 8. With the aforesaid observation, the writ petition is disposed of. Ravi/- (Rajiv Roy, J) U