Patna High Court
Sukesh Kumar @ Sukesh Bhagat vs The State Of Bihar on 31 July, 2025
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12206 of 2025
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Sukesh Kumar @ Sukesh Bhagat Son of Ramsharan Bhagat, Resident of
Village- Bhakhtant, P.S- Chakiya, District- East Champaran, Motihari.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Govt. of Bihar, Patna.
2. The District Magistrate, East Champaran, Motihari.
3. The D.C.L.R., East Champaran, Motihari.
4. The Circle Officer, Kalyanpur, East Champaran, Motihari.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ashok Kumar Singh
For the Respondent/s : Mr.Addl. Advocate General (04)
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
Date : 31-07-2025
Heard the parties.
2. In the instant petition, petitioner has prayed for
the following relief(s):-
1. For issuance of an
appropriate writ / writs, order / orders, direction /
directions for commanding the respondents to issue
Basgit parcha / settled the land in favour of the
petitioner bearing Khata no. 153, Khesra No. 1042
area 0.3 decimal upon which ancestors of the
petitioner has been residing since 100 years by
construct a house. And further direct the respondent
to act accordance with the law because petitioner is
a landless person. Any other relief or reliefs.
Patna High Court CWJC No.12206 of 2025 dt.31-07-2025
2/4
3. Learned counsel for the petitioner has submitted
that petitioner is a landless person and comes under the BPL
category and ancestors of the petitioners has been residing since
100 years by constructing a house on Khata No. 153, Khesra
No. 1042 Area 0.3 decimal. Learned counsel further submits
that CWJC No. 1958 of 2025 was filed by another person to
remove the encroachment made by the private respondents no. 5
to 15 on government land pertaining to Thana No. 152, Khata
No. 153, Khesra No. 1042, Mauza Bakhri, District-East
Champaran, Motihari and in the said civil writ jurisdiction case,
the present petitioner was made party respondent no. 7. Learned
counsel further submits that CWJC No. 1958 of 2025 has been
disposed of by a co-ordinate Bench of this Court with direction
to the Circle Officer to comply his own order dated 20.02.2023
passed in Encroachment Case No. 22/2022-23, which has been
affirmed by the Collector in Encroachment Appeal Case No.
90/2023-24
vide order dated 27.08.2024, if the same has not
been stayed by any superior forum within a period of six weeks
from the date of receipt/production of a copy of this order.
Learned counsel further submits that a house has been built
upon the land in question under the scheme of Indira Awas
Yojna in the name of mother of the petitioner and if petitioner is
Patna High Court CWJC No.12206 of 2025 dt.31-07-2025
vacated from the land in question, he has no house to live in. He
further submits that petitioner filed an application on 28.03.2025
before the Circle Officer, Kalyanpur, East Champaran, Motihari
(Annexure-P/2) for redressal of his grievance but same has not
been considered as yet. He further submits that petitioner has
represented before the District Magistrate, East Champaran,
Motihari on 24.04.2025 (Annexure-P/4) for redressal of his
grievance but till today no action has been taken by the
concerned authority. He further submits that earlier a detailed
order has been passed by the District Magistrate, East
Champaran vide Gyapank No. 4900 dated 13.09.2024 in
Encroachment Appeal Case No. 90 of 2023-24 in which it is
stated that if after making enquiry any family is found that
he/she is landless then such family shall be provided
accommodation.
4. Learned counsel for the State has submitted that
petitioner has no grievance in respect of any order passed by
any of the authorities, as same is evident from prayer portion of
the writ petition and in the light of aforesaid fact, the present
writ petition is not maintainable.
5. Be that as it may, for seeking writ of mandamus,
there must be a demand before the competent authority. At the
Patna High Court CWJC No.12206 of 2025 dt.31-07-2025
same time, duty is cast on the concerned public authority. The
first ingredient of demand before the competent authority is not
forthcoming.
6. Accordingly, the present writ petition stands
disposed of as not maintainable.
7. However, disposal of the writ petition would not
be hurlde for the petitioner to represent his grievance before the
concerned authority. If petitioner submits his representation
before the competent authority within four weeks from the date
of receipt of this order, the competent authority is directed to
hear the grievance of the petitioner and pass order expeditiously,
in accordance with law without being prejudiced by order of this
Court.
(Alok Kumar Pandey, J)
shahzad/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 02.08.2025
Transmission Date N.A.
