Dinesh Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1927 of 2026 ====================================================== Dinesh Pandit S/o Late Ram Babu Pandit R/o Mohalla- Chhoti Pahari, House No.- 311/2, Near Coconut Shop, P.O.- Bari Pahari, P.S.- Agamkuan, DistrictPatna, Bihar. ... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Land Reforms and Revenue Department, Govt. of Bihar.
2.
The District Magistrate cum Collector, Patna, District- Patna. 3.
Additional District Magistrate, Patna, District- Patna. 4.
Sub- Divisional Officer (SDO), Patna City, District- Patna. 5.
The Circle Officer, Block- Patna City, District- Patna. 6.
Station House Officer, (SHO), P.S.- Agamkuan, District- Patna. 7.
Ram Vilash Pandit, S/o Late Soharai Pandit Resident of Chhoti Pahari, P.O.- Bari Pahari, P.S.- Agamkuan, District- Patna, Bihar. 8.
Bharat Pandit, S/o Late Soharai Pandit Resident of Chhoti Pahari, P.O.- Bari Pahari, P.S.- Agamkuan, District- Patna, Bihar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiv Pratap, Advocate For the Respondent/s :
Mr. Additional Advocate General (4) For the Resp. Nos. 7 & 8:
Mr. Abhijeet Gautam, Advocate Mr. Kumar Gaurav Singh, Advocate Mr. Ranjeet Kr. Choubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-04-2026 Heard the parties.
2. The present petition has been preferred for the following relief(s):
(I) For issuance of appropriate order/s, direction/s including a writ preferably in the nature of MANDAMUS commanding and directing the Respondent Authorities particularly the
2/4 Respondent no.4 & 5 to remove encroachment, in light of the order passed by the office of the Respondent No.-2 vide Letter No. 14036 dated 21.09.2025 (Annexure P/9), from the personal land of the petitioner bearing Revenue Thana No.- 14, Khata No.- 334, Khesra No.- 14, Area-5 decimal, situated at Mauza-Pahari, District Patna, which has been illegally encroached upon by the private respondent no. 7 & 8.
(II) For issuance of appropriate order/s, direction/s including a writ preferably in the nature of MANDAMUS commanding and directing the Respondent Authorities particularly the Respondent no.-5 to restore the possession of the aforesaid personal immovable property of the petitioner, in light of the order 04.07.2025 passed by the Respondent No.-3 in Case No Jamabandi Case No.-138/2015-16 (Annexure P/7) whereby and whereunder the said Respondent has restored the jamabandi no 6170 in favour of the petitioner. The property in question is acquired by the petitioner by way of an agreement dated
3/4 21.05.1990 (Annexure P/1) executed by one of his relative.
(III) For issuance of a writ, order or direction in the nature of mandamus directing the respondent no.-4 & 5 to get the aforesaid land evicted from the unlawful possession of Respondent no.- 7 & 8 and restrain them from dispossessing the petitioner from his self-acquired property. (IV) For issuance of a writ, order or direction in the nature of mandamus directing the respondent no.-5 to restore the possession of the property in question to the petitioner.
(V) For any other appropriate relief/reliefs to which the petitioner is found entitled in the facts and circumstances of this case."
3. At the outset, learned State counsel has informed this Court that against the order passed by the Additional Collector, Patna dated 4.07.2025 in JBCA 138/2015-16 (Dinesh Pandit vs. Ram Vilash Pandit & Ors.), as per his instruction, the petitioner has approached before the Collector, Patna in Appeal Case No. 5469 of 2026.
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4. In that background, when the appeal has already been preferred, it would be appropriate that the petitioner pursue the matter and the respondents are duty bound to ensure that it will be taken to its logical conclusion after hearing all the necessary parties.
5. The writ petitioner stands disposed of with the aforesaid observation.
(Rajiv Roy, J) Adnan/- U