Khalilur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10813 of 2021 ====================================================== Khalilur Rahman Son of Late Safar Mahummad Resident of village- Ganjan, P.o.- Barsoiand, District- Katihar ... ... Petitioner/s

Versus

1.

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

The Home Commissioner, Government of Bihar, patna 3.

The District Magistrate, Katihar 4.

The Superintendent of Police, Katihar 5.

The Sub Divisional Officer, Barsoi, Katihar 6.

The Deputy Superintendent of Police, Barsoi, Katihar 7.

The Circle Officer, Barsoi, District- Katihar 8.

The S.H.O. Barsoi, Katihar 9.

Md. Sakur Son of Chainuddin 10.

Muhmmad Majo Son of Chainuddin 11.

Latif Son of Chainuddin 12.

Samsul Haque Son of Chainuddin 13.

Jamshed Ali Son of Jumar Ali 14.

Md. Haroon Son of Jumar Ali 15.

Jahrul Son of Jumar Ali 16.

Md. Jamiruddin Son of Namiruddin 17.

Md. Samrul Son of Namiruddin 18.

Jer Mahamad Son of Namiruddin 19.

Mohbud Son of Gayasuddin 20.

Abba Son of Gayasuddin 21.

Anwara Khatun Wife of Md. Sakur 22.

Saleka Khatun Wife of Jamshed Ali 23.

Sarbanoo Khatun Wife of Haroon 24.

Raijina Khatun Wife of Latif 25.

Saleka Khatun Wife of Muhammad Majo 26.

Muhmmad Rahim Son of Basiruddin 27.

Sukojan Wife of Md. Rahim Resident Nos. 9 to 27 are resident of Gondhara, P.o.- Ganjan, P.s.- Barsoi and District- Katihar ... ... Respondent/s ======================================================

2/4 Appearance :

For the Petitioner/s :

Mr.Binay Kumar, Advocate For the Respondent/s :

Mr.Raj Kishore Roy ( Gp18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 05-02-2026 Heard Mr. Binay Kumar, learned counsel appearing on behalf of the petitioner and Mr. Raj Kishore Roy, learned GP 18 for the State.

2.Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:- : "(I) For issuance of an appropriate writ, order or direction commanding the respondents to provide protection to the petitioner in respect of his land mentioned in this writ petition (ii) For issuance of an appropriate writ, order or direction restraining the respondents from interfering in the peaceful possession and occupation in respect of the land in question.

(iii) For issuance of appropriate writ, order or direction for grant of any other relief or reliefs which may deem fit and proper in the facts and circumstances of the case."

3. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is in possession of land, appertaining to Khata No.265, Khesra No.966, total area of 0.14 decimals, situated in Mauza Gondhara, District, Katihar. The aforesaid land was purchased vide a registered sale deed dated 09.04.1965 and the name of the petitioner has been mutated in the Anchal Sirista. Thereafter, the petitioner has been paying rent. Petitioner is aggrieved by the action of his neighbours,

3/4 who are adamant to grab the land by taking law in their own hands. Petitioner has approached several authorities, like the District Magistrate, Sub-Divisional Officer and police officials but they have not stopped the unauthorized action of the neighbours of the petitioner, who has been impleaded as respondents no.9 to 27 in the present writ petition. Petitioner has not admitted in the present writ petition that he has been dispossessed from the land in question, rather his neighbours are disturbing him from peaceful possession and are adamant to encroach the said land belonging to the petitioner.

4. In such circumstances, due process of law has to be taken into consideration by the District Magistrate-cumCollector, Katihar and the authorities in the State of Bihar have totally failed to abide by the due process of law. The right to property as enshrined in Article 300-A of the Constitution of India mandates the State authorities to protect the rights of the petitioner, who is the lawful owner of the land, holding valid title on the basis of a registered sale deed dated 09.04.1965. The District Magistrate-cum-Collector, Katihar is directed to forthwith take action in respect of the property of the petitioner in accordance with law after communication of this order to him.

4/4

5. The writ petition is, accordingly, disposed of. (Purnendu Singh, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.02.2026 Transmission Date NA