Ishwar Bhokta @ Ishwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.600 of 2026 ====================================================== Ishwar Bhokta @ Ishwar Yadav Son of Jhari Bhakta, Resident of VillageTetaria Baran, P.S.- Katoria, District- Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Banka. 2.

The District Magistrate-cum-Collector, Banka. 3.

The Sub-Divisional Officer, Banka.

4.

The Block Development Officer, Banka, District- Banka. 5.

The Circle Officer, Katoria, District- Banka. 6.

The Superintendent of Police, Banka.

7.

The Officer-In-Charge of Katoria Police Station, District- Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subodh Kumar Jha, Advocate For the Respondent/s :

Mr.Standing Counsel (25) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-01-2026 Heard Mr. Subodh Kumar Jha, learned counsel for the petitioner and the State.

2. The present petition has been preferred for the following relief/s:

(i) for issuance of an appropriate writ/writs or order/orders in the nature of Mandamus for directing and commanding the Respondents, more particularly, the Respondent No.2, the Collector, Banka to forthwith stop the construction of Samudayik Bhawan over the Raiyati land of the

Patna High Court CWJC No.600 of 2026(2) dt.20-01-2026 2/3 petitioner bearing Khata No. 7/New/3 (old), Khesra No. 38 (old)/442/38, 12/38 (new) measuring area 2 Acre 7 decimal and again Khesra No. 14/38 and also the land carved out from Khesra No. 442 by making new Khesra No. 457 measuring an area 21 decimal and/or take appropriate step of Land Acquisition of the aforesaid land being raiyati land of petitioner having possession over the same since more than 80 years and paying the rent to State of Bihar and hand over the peaceful possession of the land to the petitioner and/or to pay the compensation in accordance with law for the ends of justice and equity and further for any other relief or reliefs for which the petitioner is entitled in the facts and circumstances of this case.

3. Learned counsel for the petitioner submits that though Title Suit No. 63 of 2019 is pending before a competent Court, Banka for declaration of title, any injunction petition has also been preferred but the next date of hearing is 06.02.2026. In

Patna High Court CWJC No.600 of 2026(2) dt.20-01-2026 3/3 between, the problem is being created on the land in question by the respondents. The submissions is that he has already preferred petition before the Collector, Banka without any response as the next date of hearing before the competent Court is 06.02.2026, he has to revoke the writ jurisdiction.

4. Learned State counsel submits that a speed post petition has been sent, it would be appropriate that the same is preferred physically in the office.

5. Considering the submissions of the parties, the writ petition is disposed of allowing the petitioner to approach the Collector, Banka by 22.01.2026.

6. Any such petition is filed, the Collector, Banka is requested to look into the matter and pass an appropriate order at an earliest.

7. This Court has also taken note of the fact that injunction petition has already been preferred and as such the petitioner will have all the liberty to put forward his view on 06.02.2026 when the matter is likely to be taken up. (Rajiv Roy, J) Ravi/- U