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Patna High Court
Khalilur Rahman vs The State Of Bihar on 5 February, 2026
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10813 of 2021
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Khalilur Rahman Son of Late Safar Mahummad Resident of village- Ganjan,
P.o.- Barsoiand, District- Katihar
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Government of Bihar, Patna
2. The Home Commissioner, Government of Bihar, patna
3. The District Magistrate, Katihar
4. The Superintendent of Police, Katihar
5. The Sub Divisional Officer, Barsoi, Katihar
6. The Deputy Superintendent of Police, Barsoi, Katihar
7. The Circle Officer, Barsoi, District- Katihar
8. The S.H.O. Barsoi, Katihar
9. Md. Sakur Son of Chainuddin
10. Muhmmad Majo Son of Chainuddin
11. Latif Son of Chainuddin
12. Samsul Haque Son of Chainuddin
13. Jamshed Ali Son of Jumar Ali
14. Md. Haroon Son of Jumar Ali
15. Jahrul Son of Jumar Ali
16. Md. Jamiruddin Son of Namiruddin
17. Md. Samrul Son of Namiruddin
18. Jer Mahamad Son of Namiruddin
19. Mohbud Son of Gayasuddin
20. Abba Son of Gayasuddin
21. Anwara Khatun Wife of Md. Sakur
22. Saleka Khatun Wife of Jamshed Ali
23. Sarbanoo Khatun Wife of Haroon
24. Raijina Khatun Wife of Latif
25. Saleka Khatun Wife of Muhammad Majo
26. Muhmmad Rahim Son of Basiruddin
27. Sukojan Wife of Md. Rahim
Resident Nos. 9 to 27 are resident of Gondhara, P.o.- Ganjan, P.s.- Barsoi
and District- Katihar
... ... Respondent/s
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Patna High Court CWJC No.10813 of 2021 dt.05-02-2026
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Appearance :
For the Petitioner/s : Mr.Binay Kumar, Advocate
For the Respondent/s : Mr.Raj Kishore Roy ( Gp18 )
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 05-02-2026
Heard Mr. Binay Kumar, learned counsel appearing
on behalf of the petitioner and Mr. Raj Kishore Roy, learned GP
18 for the State.
2.Petitioner has inter alia prayed for following
reliefs in the paragraphs No.1 of the writ petition:- :
"(I) For issuance of an appropriate writ,
order or direction commanding the respondents to provide
protection to the petitioner in respect of his land mentioned
in this writ petition
(ii) For issuance of an appropriate writ,
order or direction restraining the respondents from
interfering in the peaceful possession and occupation in
respect of the land in question.
(iii) For issuance of appropriate writ, order
or direction for grant of any other relief or reliefs which
may deem fit and proper in the facts and circumstances of
the case."
3. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is in possession of land,
appertaining to Khata No.265, Khesra No.966, total area of 0.14
decimals, situated in Mauza Gondhara, District, Katihar. The
aforesaid land was purchased vide a registered sale deed dated
09.04.1965
and the name of the petitioner has been mutated in
the Anchal Sirista. Thereafter, the petitioner has been paying
rent. Petitioner is aggrieved by the action of his neighbours,
Patna High Court CWJC No.10813 of 2021 dt.05-02-2026
who are adamant to grab the land by taking law in their own
hands. Petitioner has approached several authorities, like the
District Magistrate, Sub-Divisional Officer and police officials
but they have not stopped the unauthorized action of the
neighbours of the petitioner, who has been impleaded as
respondents no.9 to 27 in the present writ petition. Petitioner has
not admitted in the present writ petition that he has been
dispossessed from the land in question, rather his neighbours are
disturbing him from peaceful possession and are adamant to
encroach the said land belonging to the petitioner.
4. In such circumstances, due process of law has to
be taken into consideration by the District Magistrate-cum-
Collector, Katihar and the authorities in the State of Bihar have
totally failed to abide by the due process of law. The right to
property as enshrined in Article 300-A of the Constitution of
India mandates the State authorities to protect the rights of the
petitioner, who is the lawful owner of the land, holding valid
title on the basis of a registered sale deed dated 09.04.1965. The
District Magistrate-cum-Collector, Katihar is directed to
forthwith take action in respect of the property of the petitioner
in accordance with law after communication of this order to
him.
Patna High Court CWJC No.10813 of 2021 dt.05-02-2026
5. The writ petition is, accordingly, disposed of.
(Purnendu Singh, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 13.02.2026
Transmission Date NA
