Patna High Court
Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court directed the petitioner to file a fresh representation and ordered the Circle Officer to initiate encroachment proceedings, with a final order under Section 6(1) and 6(2) of the Bihar Public Land Encroachment Act if encroachment is confirmed.
Summary
The petitioner, Ajit Kumar, filed a writ petition alleging that respondents Rinki Devi and Deepak Kumar were illegally encroaching on a 0.28 decimal parcel of Bihar Government land used as a common village road. He relied on information obtained under the Right to Information Act which identified the land as "Gairmazarua Malik Land" and confirmed the encroachment. The State acknowledged the encroachment and suggested that proceedings be initiated under the Bihar Public Land Encroachment Act, 1956. The Court did not grant an immediate restraining order but directed the petitioner to file a fresh representation with supporting material before the Circle Officer. The Court ordered the Circle Officer to commence encroachment proceedings, hear all parties, and, if encroachment is confirmed, pass a final order under Section 6(1) and 6(2) of the Bihar Public Land Encroachment Act for removal of the encroachment. The writ petition was thereafter disposed.
Issues considered
- Whether the land in question is public land subject to the Bihar Public Land Encroachment Act, 1956.
- Whether the Court should issue a writ restraining the alleged encroachers or direct administrative proceedings.
- Whether the information obtained under the RTI Act is sufficient to initiate encroachment proceedings.
Legislation cited
Subjects
- encroachment
- public land
- writ petition
- Bihar Public Land Encroachment Act
- Right to Information Act
- administrative law
- common road
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13412 of 2025
======================================================
Ajit Kumar Son of Late Abhimanyu Prasad, Resident of Kotwali Chowk,
Ganj No. 1, Mittha Toli, Bettiah, District- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar Through Principal Secretary, Revenue and Land Reforms
Department, Govt. of Bihar.
2. District Magistrate Cum Collector, West Champaran, Bettiah.
3. Municipal Commissioner, Municipal Corporation, Betiah, West Champaran.
4. Sub-Divisional Magistrate Cum Sub- Divisional Officer, Bettiah, West
Champaran.
5. Circle Officer, Sadar Bettiah, West Champaran.
6. Rinki Devi, Wife of Deepak Kumar, Resident of Shiwala Ghat, Hospital
Road, P.S.- Bettiah, District- West Champaran.
7. Deepak Kumar, Son of Nand Kishore Prasad, Resident of Shiwala Ghat,
Hospital Road, P.S.- Bettiah, District- West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Shweta Kumarim, Advocate
Mr. Dharamnath Pd. Yadav, Advocate
Mr. Ranvijay Singh, Advocate
Mr. Vikash Kumar, Advocate
Mr. Jitendra Kumar, Advocate
For the Respondent/s : Mr. Pankaj Kumar, SC (12)
Mr. Kamlesh Kishore, AC to SC-12
For the Nagar Nigam : Mr. Priyadarshan Matri Sharan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The writ petition has been filed for the following
reliefs :-
Patna High Court CWJC No.13412 of 2025(2) dt.12-05-2026
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“To issue appropriate writ, order or orders,
direction 4 or directions to Respondent No. 1, 2, 3
& who are not restraining the Respondent No. 6 &
7, who are illegally encroaching and illegally
making construction over the land of Bihar
Government situated at Mauza-Bettiah, P.S.-
Bettiah Sadar, District-West Champaran, Tauzi No.
951, Thana No. 128, Town Ward No. 17, Khata No.
0, Khesra No. 3917 of total Area 0.28 decimal
which is usually used by villagers as common Road
(Rasta).
3. Learned counsel for the petitioner submits that the
land of Bihar Government situated at Mauza-Bettiah, P.S.-
Bettiah Sadar, District-West Champaran, Tauzi No. 951, Thana
No. 128, Town Ward No. 17, Khata No. 0, Khesra No. 3917 of
total Area 0.28 decimal which is usually used by villagers as
common Road (Rasta), is a public land and the same is said to
have been encroached by respondent No.7 and under the Right
to Information Act (for brevity ‘RTI Act’), the information
which was sought from the Municipal Corporation, Bettiah,
West Champaran, the Public Information Officer-cum-Deputy
Municipal Commissioner, Bettiah, West Champaran, has
categorically informed the applicant that the land pertaining to
Khesra No. 3917 of total Area 0.28 decimal, which is a
“Gairmazarua Malik Land”, is encroached by respondent No.7,
namely, Deepak Kumar, and upon having obtained such
information from the concerned authority, the petitioner is said
Patna High Court CWJC No.13412 of 2025(2) dt.12-05-2026
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to have made an application before the Circle Officer, Sadar
Bettiah, West Champaran, and in spite of such application
having been made before the Circle Officer, to initiate
encroachment proceeding, the same is till date pending before
the same.
4. On the other hand, learned counsel for the State, by
referring to Annexure-7, which is an information obtained under
the RTI, submits that report too suggests that respondent No.7,
is under encroachment, and the concerned authority may be
directed to initiate proceeding and such proceedings can be
brought to a logical conclusion by issuing notice to all affected
parties and by resorting to the provisions of Bihar Land
Encroachment Act, 1956.
5. Considering the submissions of the parties, this
Court directs the petitioner to file a fresh representation, in
continuation of the earlier representation (Annexure-3/1), along
with all supporting materials. Upon filing of such
representation, the Circle Officer, Bettiah, West Champaran,
shall initiate encroachment proceedings and, after affording an
opportunity of hearing to all concerned parties and upon
ascertaining that the land in question is a public land, with
reference to Annexure-7 obtained under the RTI Act, shall
Patna High Court CWJC No.13412 of 2025(2) dt.12-05-2026
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proceed in accordance with law after verifying the information
so referred. Thereafter, the persons connected with such
encroachment shall also be heard and appropriate adjudication
shall be made within a period of three months.
6. In the event, if it is found that the land is under
encroachment, a final order under Section 6(1) of the Bihar
Public Land Encroachment Act, 1956 shall be passed, followed
by consequential proceedings under Section 6(2) of the Act for
removal of the encroachment and restoration of the land to its
encroachment-free status shall be ensured.
7. Accordingly, the writ petition is disposed of.
(Ajit Kumar, J)
sharun/-
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