Patna High Court
Saurabh SumanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court granted liberty to the petitioners to challenge the order dated 30‑05‑2026 and disposed of the review petition as there was no subsisting grievance.
Summary
The petitioners, Kumar Gaurav and Mukul Kumari, sought liberty to challenge a final order dated 30‑05‑2026 issued by the Circle Officer, Aurangabad under Section 6(1) of the Bihar Public Land Encroachment Act, 1956. The petitioners argued that the earlier order of the Court dated 29‑01‑2020 in CWJC No. 1970 of 2020 had been complied with, but they required permission to pursue further remedies against the new order. The Court examined whether such liberty could be granted and whether the pending review petition (Civil Review No. 194 of 2025) remained maintainable. It held that liberty to challenge the order was duly granted, and since the petitioners no longer had a subsisting grievance, the review petition was disposed of. Consequently, both the original writ petition and the review petition were dismissed as there was no further relief to be granted.
Issues considered
- Whether the petitioners are entitled to liberty to challenge the order dated 30‑05‑2026 issued under the Bihar Public Land Encroachment Act, 1956.
- Whether the review petition should be dismissed on the ground that the petitioners have no remaining grievance.
Legislation cited
- Bihar Public Land Encroachment Act, 1956 — s. 6(1)
Subjects
- Public Land Encroachment
- Civil Review
- Liberty to Challenge Order
- Bihar State Law
- Judicial Disposition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1776 of 2021
In
Civil Writ Jurisdiction Case No.1970 of 2020
======================================================
1.1. Kumar Gaurav S/o Late Mahaveer Prasad Akela, R/o New Area, Ward No. -
11, PS - Aurangabad, District- Aurangabad.
1.2. Mukul Kumari W/o Late Mahaveer Prasad Akela, R/o New Area, Ward No.
- 11, PS- Aurangabad, District- Aurangabad, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Mr. Tripuri Saran, IAS, the Chief Secretary,
Government of Bihar x
2. Mr. Vivek Kumar Singh, The Principal Secretary, Land, Reforms
Department, Patna.
3. Mr. Saurabh Jorwal, District Magistrate, Aurangabad
4. Mr. Sushil Kumar, Executive Officer- Aurangabad Nagar Parishad, District-
Aurangabad.
5. Mr. Prem Kumar Circle Officer, Aurangabad Block, District- Aurangabad.
... ... Opposite Party/s
======================================================
with
CIVIL REVIEW No. 194 of 2025
In
Civil Writ Jurisdiction Case No.1970 of 2020
======================================================
1. Saurabh Suman Son of Binay Bhushan Asthana, Resident of New Area,
Near JK Hotel Aurangabad, Bihar-824101.
2. Manju Singh, W/o- Rabindra Kumar Singh, Resident of - Shivji Path, Shakti
Nagar, Aurangabad, Bihar -824101
3. Shushila Singh, W/o - Shiv Shankar Prasad Singh, Resident of 016, Ward
No. 2, Jaiprakash Nagar, Aurangabad, Bihar-824101.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar.
2. The Principle Secretary, Land Reforms Department, Patna.
3. The District Magistrate, Aurangabad.
4. The Executive Officer- Aurangabad Nagar Parishad, District Aurangabad.
5. The Circle Officer, Aurangabad Block, District- Aurangabad.
6. Kumar Gaurav, Son of late Mahaveer Prasad Akela, resident of New Area,
Ward no.11 P.S. Aurangabad, District- Aurangabad
7. Mukul Kumari, wife of late Mahaveer Prasad Akela, resident of New Area,
Patna High Court MJC No.1776 of 2021(16) dt.13-07-2026
2/3
Ward no.11 P.S. Aurangabad, District- Aurangabad
... ... Opposite Party/s
======================================================
Appearance :
(In Miscellaneous Jurisdiction Case No. 1776 of 2021)
For the Petitioner/s : Mr.Shiv Pratap, Advocate
For the State : Mr.Rishi Raj Sinha (SC-19)
Mr. Atul Shankar, AC to SC-19
For the O.P. No. 4 : Mr. Surendra Prasad Singh, Advocate
Mr. Kirti Keshav, Advocate
For the Intervenor : Mr. Siddhartha Prasad, Advocate
Mr. Sunit Kumar, Advocate
(In CIVIL REVIEW No. 194 of 2025)
For the Petitioner/s : Mr.Sanjeev Ranjan, Advocate
For the State : Additional Advocate General 12
For the O.P. No. 4 : Mr. Surendra Prasad Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
16 13-07-2026 The Ld. Counsel for the petitioner of the first case
submits that the order of this Court dt. 29.01.2020 passed in
CWJC No. 1970 of 2020 has stood complied with inasmuch as
the Circle Officer, Aurangabad has passed the final order under
Section 6(1) of the Bihar Public Land Encroachment Act, 1956
on 30.05.2026.
2. Thus, the Ld. Counsel for the petitioner seeks liberty on
behalf of the petitioner to challenge the aforesaid order dated
30.05.2026, by availing such remedies as are otherwise
available under the law. Liberty, so sought, is granted.
3. As far as the review petition is concerned, the Ld.
Counsel appearing for the review petitioner submits that on
Patna High Court MJC No.1776 of 2021(16) dt.13-07-2026
3/3
account of passing of the aforesaid order dated 30.05.2026 by
the Circle Officer, Aurangabad, the petitioner no longer has any
subsisting grievance, hence he submits that the review petition
be also disposed of.
4. Having regard to the facts and circumstances of the case
and considering the submissions made by the Ld. Counsel for
the parties, we deem it fit and proper to dispose of the aforesaid
two cases.
(Mohit Kumar Shah, J)
(Rana Vikram Singh, J)
S.Sb/-
U
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