Sabiul Hasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14627 of 2025 ====================================================== Sabiul Hasan Son of Abdul Hasan, Resident of ward no. 23, Mohalla Kamalnath Nagar, P.S. Bettiah Nagar, District- West Champaran, Bihar. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary Department of Revenue and Land Reforms, new Secretariat, Government of Bihar, Patna 3.

The Union of India, through the General Manager, East Central Railway, Hajipur, Bihar.

4.

The Divisional Railway Manager, DRM Office, Samastipur, Bihar. 5.

The Collector, West Champaran at Bettiah.

6.

The Sub Divisional Officer, Bettiah Sadar, Bettiah, Distt. - West Champaran. 7.

The Anchal Adhikari, Bettiah, Block, Bettiah, Distt. - West Champaran. 8.

The Senior Section Engineer, East Central Railway, Motihari, District Motihari.

9.

The Assistant Engineer, Indian Railways, Bettiah Division, District- West Champaran.

10.

The Inspector, Railway Protection Force, Narkatiyaganj, District- West Champaran.

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

For the Petitioner/s :

Mr. Chandra Kant, Adv.

For the State :

Mr. Sarvesh Kumar Singh, AAG-13 For the Respondent/s :

Ms. Sarandha Suman, CGC.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 16-09-2025 The instant writ application has been filed under Article 226 of the Constitution of India by the petitioner seeking for the following relief(s):

"I. To Issue a writ in the nature of mandamus commanding the Respondent authorities to carry out the demarcation of the petitioner's land of khata no. 41, 112, 390, plot no 100,101 and 102 and railway

Patna High Court CWJC No.14627 of 2025(2) dt.16-09-2025 2/3 land in Mauza Banuchapar, P.S. Bettiah Nagar, District West Champaran, Bihar within a fixed time frame and ascertain the true and correct boundary of the Railway land vis-à-vis the private land.

II. To Direct the Respondents to ensure that no obstruction or interference is caused to the peaceful possession of the petitioner's land until and unless a proper, lawful demarcation is done.

III. To Pass such other further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2. The main grievance of the petitioner is that upon the petitioner's land in which the petitioner has based his claim, right and possession on the basis of registered sale deeds, the Railway Department is denying the petitioner to use the same and restraining the petitioner from excavating the soil for his personal purposes and the Railway Department is claiming its own right and title over the land in question and to redress the said grievance, the petitioner has filed an application vide Annexure- P/8 for the measurement of his land but no step has been taken by the concerned Circle Officer and in a similar type of issue raised in C.W.J.C. No. 3311 of 2018, this court directed the Circle Officer concerned to demarcate the land in question and to put up pillars to which the Railway Department did not have any objection in that matter. Regarding the petitioner's prayer raised by him in the Annexures -P/8 and P/9 particularly

Patna High Court CWJC No.14627 of 2025(2) dt.16-09-2025 3/3 with respect to demarcating the land in question, there is no opposition from the learned counsel appearing for the State as well as learned counsel appearing on behalf of the Union of India.

3. Considering the aforesaid submissions and prayer made by the petitioner and having gone through the annexures enclosed with this petition, the Circle Officer, Bettiah, Block, Bettiah District- West Champaran, is hereby directed to redress the petitioner's grievance as raised by him in Annexures -P/8 and P/9 as per the provisions of law within four weeks from the date of receipt or production of this order's copy.

4. Accordingly, with the above direction, the instant writ petition stands disposed of.

(Shailendra Singh, J) Rajiv/- U