Radha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10799 of 2026 ====================================================== Radha Devi wife of Late Shashi Bhushan Prasad Singh @ Bhushan Prasad Singh, Resident of Village and P.O Samai Khalsadhari, P.S- Muffasil, District Nawada at present Suraj Bhawan, Suraj Nagar Akauna Nizamat, P.O Akauna Opposite Suraj Petrol Pump P.S. Muffasil, District Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary Govt. of Bihar, Patna. 2.

The Additional Chief Secretary Revenue and Land Reforms Department, Govt. of Bihar, Patna.

3.

The Collector-cum-District Magistrate, Nawada. 4.

The Superintendent of Police, Nawada.

5.

The Sub-Divisional Officer Nawada Sadar, Nawada. 6.

The S.H.O Muffasil Police Station, Nawada.

7.

The Circle Officer, Nawada.

8.

Ravi Shankar Prasad Singh, son of Akhileshwar Singh, Resident of Bisar Talab P.S. Gaya, District Gaya.

9.

Central Bank of India Through the Branch Manager, Nawada branch, Nawada.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amar Nath Singh, Adv.

For the Respondent/s :

Mr. Government Pleader (5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-07-2026 Heard the parties.

2. The present application has been preferred for the following relief(s):

(i) for issuance of writ, order, orders, direction/s setting aside the order dated 12.06.2026 passed by the Respondent No. 3 Collector-Cum- District Magistrate Nawada whereby and where under he has appointed Magistrate for further action for removing the encroachment against the

Patna High Court CWJC No.10799 of 2026(2) dt.24-07-2026 2/3 encroachers who have encroached the land of Private Respondent No. 8 during the Covid-19 Lockdown. This land was given to him under auction by the Central Bank of India and possession was given by District Administration Nawada. At the same time, Circle Officer Nawada is appointed Magistrate and Superintendent of Police Nawada isdirected to ensure definitely to depute the Police Officer and police Force at his level for the schedule date and time i.e. 02.07.2026 for delivering possession with concerned Magistrate.

(ii) Further for setting aside the notice dated 27.05.2026 issued by the SubDivisional Officer Nawada Sadar whereby and where under son of the petitioner has been Directed to appear before him on 10.06.2026 with relevant documents related to Khata No. 69/90 Plot No. 436/434 area 11 Decimal situated at Mauza Akauna Nizamat for redressal of land dispute in the light of letter dated 17.01.2017 and 15.07.2018 issued by the Principal Secretary Revenue and land Reforms Department Govt. of Bihar and Principal Secretary Home Department (Special Branch) Govt. of Bihar, with further mentioning that Joint hearing will be done with S.D.P.O Sadar-01/ Sadar-02/Nawada/ Pakaribarawan. It is stated that New Plot

Patna High Court CWJC No.10799 of 2026(2) dt.24-07-2026 3/3 No.434 is wrongly mentioned. It should be plot No. 634.

(iii) For any other relief(s) for which the petitioner is entitled in the facts and circumstances of the case.

3. After some argument, learned counsel for the petitioner submits that she shall be preferring an appropriate petition before the Collector, Nawada (respondent no. 3) to show her bonafide that she still has peaceful physical possession over 3 decimal of land and the auction was made only with respect to 11 decimal of land (the total area being 14 decimal).

4. Learned State Counsel submits that if such petition is preferred, the concerned respondent shall be taking the matter to its logical conclusion.

5. In that background, the writ petition is disposed of directing the petitioner to approach the respondent no. 3, the Collector, Nawada in next four weeks and if such petition along with supporting documents are filed, the concerned respondent shall be taking up the matter and it is expected that a reasoned order is passed at an earliest.

(Rajiv Roy, J) Vijay Singh/- U