Mithalesh Vinda @ Mithlesh Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1080 of 2026 ====================================================== Mithalesh Vinda @ Mithlesh Bind S/o Late Bhuneshwar Vind, resident of Village-Bakhori Bigha, Police Station-Surajpur Banshi Sonbhadra, DistrictArwal. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reform Department, Government of Bihar, Patna. 2.

The Director, Land Record and Measurement Department, Patna. 3.

The Collector, Arwal.

4.

The Member, Bihar Bhudan Yagya Committee, Patna. 5.

The Circle Officer, Vanshi, Arwal.

6.

Circle Inspector, Circle Office Vanshi, Arwal. 7.

Vijay Yadav, S/o Late Punit Yadav, resident of Village-Bakhori Bigha, Police Station-Surajpur Banshi Sonbhadra, District-Arwal, PIN-804401. 8.

Madhesar Yadav, S/o Late Sadhusharan Yadav, resident of Village-Bakhori Bigha, Police Station-Surajpur Banshi Sonbhadra, District-Arwal, PIN804401. 9.

Mahendra Yadav, S/o Late Janeshwar Yadav, resident of Village-Bakhori Bigha, Police Station-Surajpur Banshi Sonbhadra, District-Arwal, PIN804401. 10.

Jitendra Yadav, S/o Late Janeshwar Yadav, resident of Village-Bakhori Bigha, Police Station-Surajpur Banshi Sonbhadra, District-Arwal, PIN804401. 11.

Tetar Yadav, S/o Late Kameshwar Yadav, resident of Village-Bakhori Bigha, Police Station-Surajpur Banshi Sonbhadra, District-Arwal, PIN-804401. 12.

Dukhan Yadav, S/o Late Kameshwar Yadav, resident of Village-Bakhori Bigha, Police Station-Surajpur Banshi Sonbhadra, District-Arwal, PIN804401. 13.

Bijendra Yadav, S/o Ramdip Yadav, resident of Village-Bakhori Bigha, Police Station-Surajpur Banshi Sonbhadra, District-Arwal, PIN-804401. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suresh Mishra, Advocate For the State :

Mr. Standing Counsel (06) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-01-2026 Heard the parties.

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2. The present petition has been preferred for the grant of following relief(s):

"(i) for issuance of an appropriate writ/writs or order/orders or direction/directions in the nature of mandamus directing the respondents to remove the encroachment from the land in question situated under MauzaBakhori Bigha, Thana no.195, Khata No.179, Khesara No.1727, Area-10+75 Decimal Registry Office-Jehanabad, District-Gaya, boundary of 10 decimal land is as North-Judago Chaudhary, South-Rasta, East-Gudkun Bind, West-Kariman Bind and boundary of 65 Decimal land of same Khata and Khesra is as North-Rasta, SouthSukhdev Yadav, East-Gudkun Bind, WestKariman Bind granted by the Bihar Bhudan Yajnya Committee to the ancestor of the petitioner namely Karu Bind, & Kariman Bind, both sons of Mogat Bind which has been encroached by the private respondents.

(ii) for issuance of an appropriate writ/writs or order/orders or direction/directions

3/4 in the nature of mandamus commanding the respondent concerned authority to execute the certificate of granting of land in the name of ancestor of the petitioner since private respondents at any time by using force and musclemen encroach the same.

(iii) and any other relief/reliefs may also be granted in favour of the petitioner for which he is found to be entitled in view of the facts and circumstances of the case."

3. At the outset, learned State counsel has pointed out that the petitioner has already preferred a petition before the Sub-Divisional Magistrate, Arwal on 24.12.2025 in which the notices have already been issued to the other side and without waiting for the aforesaid petition to come to a logical conclusion, the writ petition.

4. At this stage, learned counsel for the petitioner submits that he shall be pursuing the matter before the SubDivisional Magistrate, Arwal.

5. Needless to add, this Court has taken note of the fact that the petition is pending before the Sub-Divisional Magistrate, Arwal, the concerned respondent is duty bound to

4/4 hear all the parties after noticing them and take the matter to its logical conclusion within the time frame stipulated.

6. The writ petition is disposed of with the aforesaid observation.

(Rajiv Roy, J) vinayak/- U