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2024 DAILYLAW 2003 (PAT)

Deo Mangal Rai v. The State of Bihar

CWJC/8792/2024 · 2026-05-12

Rajiv Roy

body2024

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8792 of 2024 ====================================================== Deo Mangal Rai Son of Late Devnath Rai, Resident of Mohalla - Bhushan Lane, Gali No. 2, Das Lane, Gali, P.O and P.S - East Lohanipur, District - Patna, Permanent Address Resident of Village - Karbasin, PO and PS - Sahar, District - Bhojpur. ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secetary, Land and Revenue, Govt. of Bihar, Patna. 2. The Collector-cum-District Magistrate, Patna. 3. The Sub-Divisional Officer, Danapur. 4. The DCLR, Danapur. 5. The Circle Officer, Danapur. 6. Krishnawati Devi, W/o Late Bharat Kumar Tiwari, Resident of Village - Jayapur, P.S - Goh, District - Aurangabad, Bihar. 7. Ramesh Pandey, S/o Ramakant Pandey, Resident of Mohalla - A-82, Gali No. 4, Mandauli Extension, New Delhi. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Vijaya Laxmi Srivastwa For the Respondent/s : Mr.Government Pleader 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 12-05-2026 Heard the parties. 2. The present petition has been preferred for the following relief/s: (i) for issuance of a direction to the respondents to remove encroachment from the land bearing Khata No.-58, Khesra No.- 203 which belong to the petitioner which is encroached by Respondent No.-6 by Patna High Court CWJC No.8792 of 2024(2) dt.12-05-2026 2/3 constructing wall; (ii) for issuance of a direction to the respondents to take appropriate action with regard to measurement of the land in question and demolished the wall which is illegally constructed by the respondent no.- 6; (iii) for any other appropriate writ/writs, order/orders, direction/directions which may be fit in the facts and circumstances of the case. 3. At the outset, learned State Counsel submits that there is private dispute between the petitioner on the one hand and the respondent nos. 06 and 07 on the other hand and the proper remedy is to approach the respondent, Sub-Divisional Magistrate, Danapur for the redressal of the grievance. 4. At this stage, learned counsel for the petitioner submits that a proper petition shall be filed in the matter. 5. If such petition is preferred in next four weeks before the Respondent No. 03, the Sub-Divisional Magistrate, Danapur is duty bound to look into it, issue notice and pass an appropriate order. Patna High Court CWJC No.8792 of 2024(2) dt.12-05-2026 3/3 6. The writ petition is disposed of with the aforesaid observation. Ravi/S. Prasad (Rajiv Roy, J) U