Jibril Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14424 of 2025 ====================================================== Jibril Ansari, S/o Yaqub Ansari, R/o Koili Gote Koili, Ward No. 14, P.S.- Bathnaha, District -Sitamarhi.

... ... Petitioner/s

Versus

1.

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

The Chief Secretary, Government of Bihar, Patna. 3.

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

4.

The Divisional Commissioner, Tirhut Division, Muzaffarpur. 5.

The Collector, Sitamarhi.

6.

The Superintendent of Police, Sitamarhi.

7.

The Sub-Divisional Officer, Sitamarhi.

8.

The Circle Officer, Bathnaha, Sitamarhi.

9.

Station House Officer, Bathnaha Police Station, Sitamarhi. 10.

Md. Haroon Ansari, S/o Fakir Mohammed Ansari, R/o village Koili, P.S. Bathnaha, District Sitamarhi.

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

For the Petitioner/s :

Mr. Ghulam Mustafa, Adv.

Mr. Deepak Kumar, Adv.

For the State :

Mr. Manoj Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-09-2025 The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India, invoking the writ jurisdiction of this Court, seeking the reliefs which read as under :- " 1. That this is an applicationfor issuance of a writ in the nature ofmandamus any or other appropriate writ/rule/direction commanding the respondent authorities to restrain the private respondent no. 10 not to disturb the peaceful

Patna High Court CWJC No.14424 of 2025(2) dt.11-09-2025 2/3 possession of the petitioner over the land bearing Thana No. 185, Khata No. 42, Survey Plot No. 3253, area 2 decimals of land which is the purchase land of the petitioner by a sale-deed no. 995 dated 25.02.1969 on which after mutation Jamabandi No. 649 was created and the petitioner has been continuously paying rent to the Government of Bihar up to the year 2025 on which he ws continuing in the possession of a husk built house and when it came to be dilapidated the petitioner started constructing the brick built house then the respondent no.

10 started disturbing the construction of the brick built house whereafter the petitioner made his complaint before all the respondent authorities then all the authorities found the proper right title and possession over the land in question but no protection is being provided by the respondents only to advising him to move before the competent Civil Court on account of which the petitioner's right title and possession over the land in question is being disturbed by the respondents and therefore, the present petition. AND/OR For any other relief/reliefs for which the petitioner is entitled for the facts and circumstances of the present case."

2. Heard Mr. Md. Ghulam Mustafa, learned counsel for the petitioner and Mr. Manoj Kumar, learned AC to GP-4 for the State-respondents.

3. The main grievance of the petitioner is that in his peaceful possession over the land pertaining to Thana No. 185,

Patna High Court CWJC No.14424 of 2025(2) dt.11-09-2025 3/3 Khata No. 42, Survey Plot No. 3253, Area 2 decimal, the private respondent No. 10 is making disturbance and to redress his grievance, he approached the administrative authorities by filing several applications and also filed a petition before the Collector, Sitamarhi as well as Sub-Divisional Officer-cum-SubDivisional Public Grievance Redressal Authority and thereafter, filed an appeal before the Additional Collector-cum-Public Grievance Redressal 1st Appellate Authority but at all these forums, the petitioner was advised to file a civil suit for redressing his grievance.

This Court is also of the view that the petitioner has an efficacious and effective remedial option to redress his grievance and the issue raised by him requires deep evidentiary consideration of evidences of the petitioner as well as of the private respondent No. 10. The petitioner has not made out a case for invoking writ jurisdiction of this Court for redressal of his grievance. Accordingly, the instant writ petition stands disposed of, with giving a liberty to the petitioner to avail efficacious alternative remedies available to him under the civil laws for redressing his grievance.

(Shailendra Singh, J) annu/- U