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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7733 of 2026 ======================================================
1. Ramdev Kumar @ Rampu Sharma son of Late Bindeshwri Tatma @ Bindeshwari Sharma, resident of Dhima, Banmankhi, Purnia, Dhima, Bihar-
854202. 2. Yogi Sharma son of Virohi Sharma, resident of Dhima, Banmankhi, Purnia, Dhima, Bihar-854202. ... ... Petitioner/s Versus
1. The State of Bihar through the Principal Secretary Revenue and Land Reforms Department, Government of Bihar, Patna. 2. The Collector, at Purnea, District- Purnea. 3. The Sub Divisional Officer, at Banmankhi, District- Purnea. 4. The Superintendent of Police at Purnea, District- Purnea. 5. The Circle Officer, at Banmankhi, District- Purnea. 6. The S.H.O., Banmankhi P.S., District- Purnea. 7. Dhaleshwar Sharma son of Late Baudhi Sharma, resident of Village- Dhima, Nagar Parishad- Banmankhi, District- Purnea. 8. Rohit Sharma, son of Dhaleshwar Sharma resident of Village- Dhima, Nagar Parishad- Banmankhi, District- Purnea. 9. Leela Devi wife of Dhalo Sharma resident of Village- Dhima, Nagar Parishad- Banmankhi, District- Purnea. 10. Gurudev Sharma, son of Late Baudhi Sharma, resident of Village- Dhima, Nagar Parishad- Banmankhi, District- Purnea. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Kumar Giri, Advocate For the State : Mr. Government Advocate (5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 18-08-2026 Heard the parties. 2. The present petition has been preferred for the grant of following relief(s):
“for issuance of a writ in the nature of
"Mandamus" whereby and where under
Patna High Court CWJC No.7733 of 2026(3) dt.18-08-2026 2/3 commanding and directing the state respondents here in above to put the aforesaid petitioners in physical possession of the lands bearing khata no. 775, Khesra no. 2198, measuring an area of 3 decimals and Khesra no. 2199 measuring an area of 3 decimals falling within mauza Banmankhi, P.S.- Banmankhi, District- Purnea which was allotted to the aforesaid petitioners by way of Basgit Parcha vide Basgit Parcha Case no. 05/1978-79 under the provisions Bihar Privileged Persons Homestead and Tenancy Act, 1947 (in the short "the Act") and the aforesaid land has been illegally encroached by the private respondents here in above who have constructed permanent/temporary structure over the lands in question and moreover whenever the petitioners and his family members objected to it then they are given criminal threats declining for eviction of the lands in question.”
3.
After some argument, learned counsel for the petitioners submit that they shall be approaching the respondent no.3, the Sub-Divisional Officer, Banmankhi, Purnea for the
Patna High Court CWJC No.7733 of 2026(3) dt.18-08-2026 3/3 redressal of the grievance. 4. Learned State counsel has no objection. 5. In that background, the writ petition is disposed of allowing the petitioners to approach the respondent no.3, the Sub-Divisional Officer, Banmankhi, Purnea and if such petition is preferred, the said respondent shall be taking up the matter and after hearing all the parties, passing an order in accordance with law, at an earliest. vinayak/- (Rajiv Roy, J) U