IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2818 of 2025 ====================================================== 1. Mahendra Prasad @ Mahendra Prasad Singh S/o Jalebi Pd. Singh, Resident of Village- Turki, Post- Rasauli, P.S.- Panapur, Dist.- Saran. 2. Lal Bachan Singh, S/o Chulai Sing Resident of Village- Turki, Post- Rasauli, P.S.- Panapur, Dist.- Saran. 3. Chandrama Singh, S/o Shivshankar Singh Resident of Village- Turki, Post - Rasauli, P.S.- Panapur, Dist.- Saran. 4. Mina Devi, W/o Mahendra Prasad Singh Resident of Village- Turki, Post - Rasauli, P.S.- Panapur, Dist.- Saran. ... ... Petitioner/s Versus 1. The State of Bihar through Principal Secretary, Revenue and Land Reforms. 2. The District Magistrate, Saran. 3. The Additional Collector, Saran. 4. The Deputy Collector Land Reforms, Maraurha, Dist.- Saran. 5. The Circle Officer, Panapur, Dist.- Saran. 6. The Bihar Medical Services and Infrastructure Corporation Ltd., Represented through Shri Sagar Jaiswal Deputy General Manager Having its registered office at 4th floor, Bihar State Building Construction Corporation Limited, Hospital Road, Shastri Nagar Road, Patna. 7. Civil Surgeon, Saran. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Dubey, Adv. For the Respondent/s : Mrs. Archana Meenakshee, GP-6 Mr. Rana Veer Prawar, AC to GP-6 Mr. Rohit Singh, AC to GP-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 24-03-2026 Heard Mr. Ranjan Kumar Dubey, learned counsel for the petitioner and Mrs. Archana Meenakshee, GP-6. 2. The present application has been preferred for the following relief(s): (i) For issuance of writ in the nature of certiorari for quashing the order dated 14.10.2024 passed by Collector Cum District Magistrate, Saran, Chapra in the light of order dated 07.05.2024 passed in Patna High Court CWJC No.2818 of 2025(3) dt.24-03-2026 2/7 CWJC No. 1523/2023 by which he has declared that construction of Primary Health Centre is going on the gifted land. (ii) For issuance of writ in the nature of mandamus directing the Respondents to stop any type of construction work over the disputed land till final disposal of this writ petition. iii. For issuance of writ in the nature of mandamus directing the respondents restore the possession of petitioner over the disputed which is excess/beyond to the area of gift deed dated 17.03.1967 and same has been taken by them forcefully for construction of Primary Health Centre. iv. For issuance of any other writ/writs, order/orders for which petitioners deemed entitled to. 3. The matter relates to a piece of land, details of which are as under: Khata No.- 31; Plot No.- 221, area- 15 katha 10 dhurs (from the eastern side; Plot No. - 222, area- 3 katha 16 dhurs Situated at Village Turki, P.S.- Panapur, Anchal- Panapur, District- Saran. 4. Earlier, the petitioner approached this Court in CWJC No. 15231 of 2023 (Mahendra Prasad & Ors. vs. State of Patna High Court CWJC No.2818 of 2025(3) dt.24-03-2026 3/7 Bihar & ors.) with the following relief(s): (i) not to encumber upon the land of the Petitioners (Disputed land which is peaceful possession of the Petitioners and their family members); (ii) to make good the loss suffered by the Petitioners as three of their kiosks which were standing on the road side upon the disputed land has been demolished along with the material for sale in side; (iii) for paying compensation of rupees 10 lacs to the petitioners as they have been unnecessarily harassed by the Respondent authorities; (iv) maintain Status quo over the land in question/disputed land during pendency of the instant writ application; (v) to restore status quo ante. 5. With the consent of the parties, it was disposed of on 07.05.2024 with the following observation: 6. In view of the limited prayer made by the learned Counsel for the petitioners for which she is also ready to pay Post, the writ petition stands disposed of with a direction to the petitioner to approach the respondent no. 2, the Collector, Saran at Chapra within four weeks from today along with all the documents who shall direct the D.C.L.R., Maraurha to get the land measured in his presence and if needed the Additional Collector, Patna High Court CWJC No.2818 of 2025(3) dt.24-03-2026 4/7 Saran at Chapra, can also be roped in. 7. The petitioners are duty bound to appear on the date fixed by the respondents and if they failed to do so, the Collector, Saran at Chapra is free to take decision suo-motu. The process be completed expeditiously. 6. In that background, the petitioner approached the Collector, Saran at Chapra by filing a proper petition which was taken up on 14.10.2024 and the Collector came to the following conclusion: mHk; i{kksa dks lquus ,oa Hkwfe lq/kkj mi lekgŸkkZ] e<+kSjk] lkj.k ds izfrosnu ds vkyksd esa ;g ikrk gw¡ fd iz”uxr nku dh xbZ Hkwfe dh vofLFkfr [kkrk la0&31 [ksljk la[;k&221 jdck&1&3&0 ¼,d ch?kk rhu dB~Bk½ ekih izfrosnu@utjh uD”kk ds HkwHkkx&A dh Hkwfe gS] ftlij iwoZ esa Hkh izkFkfed LokLF; dsUnz ds Hkou 1]2]3]4]6 dk fuekZ.k fd;k x;k Fkk rFkk uo fuekZ.kk/khu izkFkfed LokLF; dsUnz] ikukiqj dk fuekZ.k blh HkwHkkx&A eas fd;k tk jgk gSA pwWafd nkudŸkkZ ds okfjlksa }kjk iqjkus fufeZr LokLF; dsUnz ds Hkou la0&3 ds mRrj fn”kk dh vksj ls 0&2&2&4 jdck Hkwfe utjh uD”kk ds HkwHkkx&B ls cspk x;k gS] ftlls Li’V gS fd ifjoknh dh Hkwfe mŸkj fn”kk dh rjQ “ks’k gSA ifjoknh dk ;g dFku fd muds iwoZtksa }kjk nku dh xbZ Hkwfe mŸkj fn”kk esa fn;k x;k Fkk] dk Åij of.kZr rF;ksa ds vk/kkj ij dksbZ izek.k ugha feyrk gSA lkFk gh iz”uxr nku esa nh gqbZ Hkwfe ¼HkwHkkx&A½ ij iwoZ ls Hkou la0&1]2]3]4 ,oa 6 fufeZr gS ftl ij vkosnd }kjk u rks fuekZ.k ds le; u ckn esa dHkh vkifRr dh xbZA dsoy orZeku esa uofuekZ.kk/khu izkFkfed LokLF; dsUnz ¼Hkou la0&5½ ds fuekZ.k ds le; vkifRr fn;k x;k tks lansgkLin ,oa fujk/kkj gSA vr,o mi;qZDr rF;ksa ds Patna High Court CWJC No.2818 of 2025(3) dt.24-03-2026 5/7 voyksdu ls Li’V gksrk gS fd uofuekZ.kk/khu izkFkfed LokLF; dsUnz] ikukiqj ¼Hkou la0&5½ dk fuekZ.k orZeku esa nku fd, x;s ifjlj esa gh fd;k tk jgk gSA utjh uD”kk ds voyksdu ls ;g Hkh ik;k x;k fd iwoZ fufeZr LokLF; dsUnz dk Hkou la0&1 dk dqN Hkkx [kkrk la0&31 [ksljk la[;k&222 vkosnd dh futh Hkwfe esa vofLFkr gSA mi;qZDr ifjizs{; esa Li’V gS fd uofuekZ.kk/khu izkFkfed LokLF; dsUnz] ikukiqj dk fuekZ.k nku esa nh xbZ HkwHkkx&A dh Hkwfe@ifjlj esa gks jgk gS ftlesa iwoZ ls gh izkFkfed LokLF; dsUnz dk dbZ iqjkuk Hkou vofLFkr gSA vr% vuqe.My inkf/kdkjh] e<+kSjk dks vkns”k fn;k tkrk gS fd orZeku esa fuekZ.kk/khu izkFkfed LokLF; dsUnz dk fuekZ.k dk;Z lqpk: :i ls fu’ikfnr djkus gsrq vko”;d dkjZokbZ djuk lqfuf”pr djsaxs ,oa utjh uD”kk ds Hkou 01 dk dqN Hkkx tks vkosnd dh futh Hkwfe [ksljk la[;k&222 esa fufeZr ik;k x;k gS] dks gVkus dh dkjZokbZ gsrq lacaf/kr inkf/kdkjh dks funsf”kr djsaxsA lkFk gh ;g Hkh vkns”k fn;k tkrk gS fd dk;Z ds lqpk: fu’iknu ds fy, ;fn vko”;d gks rks iqfyl cy dh izfrfu;qfDr djuk lqfuf”pr djsaxsA okn fu’ikfnrA ys[kkfir ,oa la”kksf/krA g0@& g0@& ftyk n.Mkf/kdkjh] ftyk n.Mkf/kdkjh] lkj.k] NijkA lkj.k] NijkA 7. From the aforesaid facts, two points are clear: (i) the Collector, Saran at Chapra came to the conclusion that some parts of the petitioner’s raiyati land has been encroached; Patna High Court CWJC No.2818 of 2025(3) dt.24-03-2026 6/7 (ii) direction was given to the revenue authorities to take appropriate steps for its removal. 8. Learned counsel for the petitioner submits that though he failed to approach the revenue authorities including the Deputy Collector Land Reforms, Maraurha, Saran as also the Circle Officer, Panapur, Saran, it was the duty of the revenue authorities to carry out the direction of the Collector, Saran at Chapra and as they failed to do so, the writ petition. 9. The Co-ordinate Bench on 27.02.2025 directed the respondents to file affidavit but today on call, Mrs. Archana Meenakshi, learned G.P.-6 submits that despite correspondence/ reminder, no counter affidavit has come. 10. This Court has two options, either to impose cost upon the respondents and adjourn the matter. Alternatively, to dispose it of with directions. This Court goes for the second option. 11. As recorded above, the petitioner approached this Court, the Collector, Saran at Chapra was directed to do the needful. He passed an order and came to the conclusion that some part of the petitioners’ Raiyati land has been encroached which has to be removed. However, despite passage of one and half year, no such step has been taken by those working under Patna High Court CWJC No.2818 of 2025(3) dt.24-03-2026 7/7 him/her. 12. In that background, once again the Collector, Saran at Chapra is directed to look into the matter and direct the Officers including the Deputy Collector Land Reforms, Maraurha as also the Circle Officer, Panapur, Chapra to measure/ demarcate the land of the petitioner which has been encroached and thereafter, the encroached part be removed in accordance with law. 13. The petitioner shall be co-operating in the matter and the respondents shall be free to seek report/ put any other aggrieved person on notice in this regard. The demarcation/measurement has to be carried out within a period of four weeks and the subsequent removal, if any, has to be carried out in next four weeks. 14. The writ petition is disposed of with aforesaid observation. Vijay Singh/- (Rajiv Roy, J) U