Patna High Court
CWJC/11028/2026 of Paras Nath Singh Vs The State of Bihar on 24 July 2026
COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11028 of 2026 ====================================================== 1. Paras Nath Singh S/o Late Ramroop Singh, R/o Village-Jigna Jagannath, Tola-Taklpura, P.O. and P.S.-Mirganj, District-Gopalganj, Bihar. 2. Jaiprakash Singh, S/o
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11028 of 2026
======================================================
1.
Paras Nath Singh S/o Late Ramroop Singh, R/o Village-Jigna Jagannath,
Tola-Taklpura, P.O. and P.S.-Mirganj, District-Gopalganj, Bihar.
2.
Jaiprakash Singh, S/o Late Ganesh Singh, R/o Village - Jigna Jagannath,
Tola-Taklpura, P.O. and P.S.-Mirganj, District-Gopalganj, Bihar.
3.
Sitaram Singh, S/o Late Jamuna Singh, R/o Village-Harkhauli Purvi Tola, P.O. and P.S.-Mirganj, District-Gopalganj, Bihar.
4.
Sachchidananda Singh, S/o Late Jamuna Singh, R/o Village-Harkhauli Purvi Tola, P.O. and P.S.-Mirganj, District-Gopalganj, Bihar.
5.
Raju Yadav, S/o Late Lalan Yadav, R/o Village-Jigna Jagannath, Tola- Taklpura, P.O. and P.S.-Mirganj, District-Gopalganj, Bihar.
6.
Jitendra Yadav, S/o Late Jhulan Yadav, R/o Village-Jigna Jagannath, Tola- Taklpura, P.O. and P.S.-Mirganj, District-Gopalganj, Bihar.
7.
Dharmendra Singh, S/o Late Lal Bahadur Singh, R/o Village-Jigna Jagannath, Tola-Taklpura, P.O. and P.S.-Mirganj, District-Gopalganj, Bihar.
8.
Bharat Prasad, S/o Late Devnandan Prasad, R/o Village- Jigna Jagannath,
9.
Dr. Ramesh Ram, S/o Late Gayalal Ram, R/o Village - Jigna Jagannath, Tola-Taklpura, P.O. and P.S.-Mirganj, District-Gopalganj, Bihar-841438.
10.
Rajkishore Bhagat, S/o Late Ramdev Bhagat, R/o Village - Jigna Jagannath, Tola-Takipura, P.O. and P.S.-Mirganj. District-Gopalganj, Bihar-841438.
... ... Petitioner/s
Versus
1.
The State of Bihar through Additional Chief Secretary Revenue and Land Reforms Department Government of Bihar, Patna.
2.
The Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.
3.
The District Magistrate-cum-Collector, Gopalganj, Bihar.
4.
The Additional Collector, Gopalganj, Bihar.
5.
The Deputy Collector Land Reforms, Hathwa, District-Gopalganj, Bihar.
6.
The Circle Officer, Hathwa Anchal, District-Gopalganj, Bihar.
7.
The Secretary, Department of Industry, Government of Bihar, Patna.
8.
The Managing Director, Bihar Industrial Area Development Authority (BIADA), BIADA Tower, 2nd Floor, Bhikna Pahari, Patna-800 001.
9.
The Executive Director, Bihar Industrial Area Development Authority (BIADA), Gopalganj.
10.
The Development Officer, Bihar Industrial Area Development Authority (BIADA), Gopalganj.
11.
The Managing Director, Bihar State Sugar Mill Corporation, Patna.
12.
The Sub Divisional Magistrate, Hathua, Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Manjesh Raj, Advocate
For the Respondent/s
:
Mr. Standing Counsel (25)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
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ORAL ORDER
24-07-2026 Learned counsel for the petitioners prays for and is allowed to implead the Sub Divisional Magistrate, Hathua, Gopalganj as respondent no. 12 in the present case in course of the day.
2. Heard Mr. Manjesh Raj, learned counsel for the petitioners and the State.
3. The present petition has been preferred for the following relief(s): “seeking direction to the respondent authorities especially responded no. 8 the Bihar Industrial Area Development Authority (BIADA) and district administration comprising respondents number 3, 4, 5 and 6 to provide protection to the petitioners life liberty and personal property and to immediately halt the illegal encroachment fencing and physical occupation being carried out by BIADA upon the petitioners private agricultural land who are lawful owners and bona fide possessors of their respective agricultural/raiyati lands situated at Mauza Badarjimi, Thana No. 1060, District Gopalganj, Bihar, by virtue of valid Khatiyani title (ancestral recorded right) and/or Bainama Kharidagi (duly registered sale deeds/purchase). The Petitioners have been in open, continuous and uninterrupted possession and cultivation of their aforesaid lands for several decades and the same are duly and correctly recorded in the revenue records of the State of Bihar. All title documents, Khatiyans, Bainamas, Jamabandi records and Lagaan Receipts are in the Petitioners' possession.
4. The petitioners claim to own certain lands, the details of which is/are as follows: Sr. No Petitioner Khata No. Plot No. Jamab andi No. Area Nature of Title
1. Paras Nath Singh (Pet No.
135,174 359,
Decimal and 6 Katha Khatiyani (Ancestral) +Bainama (purchased
2. Jaiprakash Singh (Pet Nos. 2)
11 Katha 11 dhur Khatiyani
3. Sitaram Singh & Sachchidanan d Sing (Pet
3 katha 19 dhur Bainama
Nos. 2 & 4)
4. Raju Yadav & Jitendra Yadav (Pet No. 5 and
299,
3 katha 19 dhur Bainama
5. Dharmendra Singh (Pet No.
11 katha 11 Dhur Khatiyani
6. Bharat Prasad (Pet No. 8)
3 bigha 3 Katha 1/2 Dhur Khatiyani
7. Dr. Ramesh Ram & Rajkishore Bhagat (pet. No. 9, 10)
3 Katha+ 3 Katha 5 dhur Khatiyani + Bainama
5. The submission is that without valid documents, the Bihar Industrial Area Development Authority (henceforth for short, ‘the BIADA’), Hathua, Gopalganj is disturbing their peaceful physical possession by trying to fence it.
6. Learned State counsel submits that the appropriate authority, in the aforesaid circumstance, is the Sub Divisional Magistrate, Hathua, Gopalganj where the petitioners should move independently.
7. Learned counsel for the petitioners submit that they shall be moving independently before the Sub Divisional Magistrate, Hathua, Gopalganj in next four weeks alongwith all the supporting documents so that an appropriate order can be passed.
8. In that background, the writ petition stands disposed of allowing the petitioners to independently approach the Sub Divisional Magistrate, Hathua, Gopalganj within a period of four weeks who shall be duty bound to look into the matter and pass an appropriate order, in accordance with law, at an earliest.
Adnan/- (Rajiv Roy, J) U