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2026 DAILYLAW 6861 (PAT)

Smt. Pratibha Kumari v. The State of Bihar

CWJC/4474/2026 · 2026-04-15

Rajiv Roy

Transfer Petitionbody2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4474 of 2026 ====================================================== 1. Smt. Pratibha Kumari Wife of Ashoka Kumar Chaudhary, Resident of 106, Mamta Apartment, Mohalla- Shivpuri, Police Station- Sri Krishna Nagar, Patna at present residing at Flat No.- 801, Block- B, S.B. Residency, Raza Bazar, Mohalla- Rukanpura, Police Station- Rupaspur, District- Patna. 2. Abha Chaudhary, Wife of V.M. Chaudhary, Resident of 106/203 Mamta Apartment, behind A.N. College, Mohalla Shivpuri, Police Station- Sri Krishna Nagar, District- Patna. ... ... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 3. The Managing Director, South Bihar Power Distribution Company Limited, Patna. 4. The District Magistrate, Patna. 5. The Circle Officer, Naubatpur Circle, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Ranjan, Advocate : Mr. Shakti Suman Kumar, Advocate For the State : Mr. Standing Counsel (24) : Mr. Rajat Kumar Tiwary, AC to SC-24 For the SBPDCL : Mr. Vivek Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 15-04-2026 Heard Mr. Rajesh Ranjan, learned counsel for the petitioners and learned counsel representing the State as also Mr. Vivek Prasad, learned counsel representing the South Bihar Power Distribution Company Limited. 2. The present petition has been preferred for the grant of following relief(s): Patna High Court CWJC No.4474 of 2026(2) dt.15-04-2026 2/5 “(i) for issuance of an appropriate writ in the nature of Mandamus restraining the respondents from constructing building and other structure over the raiyati land of the petitioner situated at Mauza Gopalpur in Circle Naubatpur, bearing plot no. 110 under khata no. 151 an area about 42.48 decimal, which was acquired by the petitioners through registered sale deed no. 15128 dated 29.05.2010, registered sale deed no. 25018 dated 08.10.2010 and registered sale deed по. 27788 dated 23.11.2010 and after creation of jamabandi rent receipts are being issued to them. (ii) for issuance of an appropriate writ in the nature of Mandamus directing the respondents authorities to restore boundary wall which was illegally demolished by the respondents and also to pay compensation to the petitioner for the illegal, arbitrary and unconstitutional action of the respondents in demolishing the boundary wall constructed by the petitioners over their raiyati land situated at Patna High Court CWJC No.4474 of 2026(2) dt.15-04-2026 3/5 Mauza- Gopalpur in Circle Naubatpur, bearing plot no. 110 under khata no. 151 an area about 42.48 decimal. (iii) for issuance of an appropriate writ in the nature of Mandamus upon the respondents not to interfere with the peaceful possession of the petitioner over the said property and to desist/refrain from acting in a manner unknown to law. (iv) for issuance of an appropriate writ in the nature of certiorari for quashing for quashing of letter no. 1947 dated 29.10.2025 issued by the Circle Officer Naubatpur whereby part of the land of raiyati land of the petitioners wrongly declared as Gairmajura Aam land and handed over to the respondent no. 3 for construction of electricity grid. (v) any other writ/writs, order/orders or direction/directions as the facts and circumstances of the case may require and deemed fit by this Hon'ble Court may also be issued.” Patna High Court CWJC No.4474 of 2026(2) dt.15-04-2026 4/5 3. Learned counsel for the petitioner submits vide letter no. 1947 dated 29.10.2025, the Circle Officer, Naubatpur has wrongly given report and accordingly, allotted land to the Electricity Supply Division, Patna Rural Area, Patna. He submits that the land belongs him/his family which has been wrongly handed over to the concerned authority. 4. Mr. Vivek Prasad, representing the respondent no.3. on the other hand has taken this Court to Annexure-P/8 to the petition to show that it is actually the government land. 5. Learned counsel for the petitioner has taken this Court to rent receipt issued with regard to the same land by the Revenue Authorities (Annexure-P/4 to the petition). 6. Having heard the parties and taking note of the different documents put forward by the respective learned counsels, this Court is of the view that the matter be taken up for consideration by the District Magistrate-cum-Collector, Patna (respondent no.4) so that after hearing the parties an appropriate order shall be passed. 7. It is expected that the entire exercise shall be completed in next six months. 8. The writ petition is disposed of with the aforesaid observation. Patna High Court CWJC No.4474 of 2026(2) dt.15-04-2026 5/5 9. Any development that will take place in between shall be subject to the final outcome of the order passed by the District Magistrate-cum-Collector, Patna. vinayak/- (Rajiv Roy, J) U