Ashok Kumar Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16760 of 2025 ====================================================== Ashok Kumar Suman Son of Late Chulhai Thakur @ Chandrashekhar, Resident of Village- Faridpur, Post Office- Akidatpur, P.S.- Kharik, DistrictBhagalpur. ... ... Petitioner/s

Versus

1.

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

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

3.

The Divisional Commissioner, Bhagalpur Division, Bhagalpur. 4.

The District Magistrate cum Collector, Bhagalpur. 5.

The Deputy Collector, Land Reforms, Bhagalpur. 6.

The Superintendent of Police, Bhagalpur.

7.

The Deputy Superintendent of Police, Bhagalpur. 8.

The S.H.O. Kharik, District Bhagalpur.

9.

The Circle Officer, Kharik, District Bhagalpur. 10.

The Human Right Commission, through the Chairman Bihar, Patna. 11.

Shankar Mandal, Son of Late Jagdish Mandal, Resident of Village Faridpur, Post Office Akidatpur, PS Kharik, District Bhagalpur. 12.

Bhotal Mandal, Son of Late Brahmdeo Mandal, Resident of Village Faridpur, Post Office Akidatpur, PS Kharik, District Bhagalpur. 13.

Sunil Mandal, Son of Late Ramdeo Mandal, Resident of Village Faridpur, Post Office Akidatpur, PS Kharik, District Bhagalpur. 14.

Manoj Mandal, Son of Late Munni Mandal, Resident of Village Faridpur, Post Office Akidatpur, PS Kharik, District Bhagalpur. 15.

Bashishth Mandal, Son of Late Prayag Mandal, Resident of Village Faridpur, Post Office Akidatpur, PS Kharik, District Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Pandey, Adv.

For the Respondent/s :

Mr. Santosh Kumar Mishra, AC to SC 26 For the BHRC : Mr. Prince Mishra, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-11-2025 This writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the

Patna High Court CWJC No.16760 of 2025(2) dt.11-11-2025 2/3 following relief:- "1. That the present writ application is being filed for a writ/writs, order/ orders, directions directing upon the respondents concerned in the nature of mandamus to remove the encroachment from the valid purchased land of the petitioner from the clutches of 11 Respondent no. 10 to 15, which has been purchasedby the father of petitioner in the year 1974 through a valid registered deed from one khatiyani land holder namely Bhola Nath Das son of Late Babu Sharda Prasad Das by Sale Deed No.10036 dated 25.06.1974, the land situated under Thana and Anchal Kharik, Thana no.111, Mouja-Bhatotar, Khata no.69, Khesra no.72, Rakba 09 Decimal on consideration money of Rs.200/- at that time. After purchase the land the father of petitioner built a Tatphush house and started living on the said land with his family members in the following circumstances".

2. Mr. Rajesh Kumar Pandey, learned counsel for the petitioner and Mr. Santosh Kumar Mishra, learned AC to SC 26 for the State-respondents are present and they are heard.

3. The main grievance raised by the petitioner in this writ petition is that the private respondents no. 11 to 15 have

Patna High Court CWJC No.16760 of 2025(2) dt.11-11-2025 3/3 encroached upon his land in which father of the petitioner got title through the registered sale deed and in this regard, he has filed an application before the Sub-divisional Officer, Naugachhia, Bhagalpur (Annexure-P/3) even then no action has been taken to redress the petitioner's grievance.

4. This court is of the view that the issue raised by the petitioner is premature for consideration by this court under Article 226 of the Constitution of India, however, the Subdivisional Officer, Naugachhia, Bhagalpur is directed to look into the petitioner's grievance detailed in his representation (annexure- P/3) and take legal action as per provisions of law to redress his grievance if he has made out a bonafide case in the next eight weeks from the date of receipt/ production of a copy of this order.

5. With the above direction, this writ petition stands disposed of.

(Shailendra Singh, J) BKS/- U