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Patna High Court

Shatrunjay Prasad Singh @ Kanhaiya SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the Collector to issue necessary directions to the concerned authorities to conclude the encroachment proceedings under Section 3 of the Bihar Public Land Encroachment Act, 1956 and disposed the writ petition.

Summary

Shatrunjay Prasad Singh filed a writ petition seeking a direction to the authorities, particularly the Circle Officer, to conclude Encroachment Case No.02/2024-25 concerning public land (Khesara No. 1907, 1911 & 1930) in Bhojpur district. The petitioner alleged that, although notices under Section 3 of the Bihar Public Land Encroachment Act, 1956 had been issued, the case had not progressed to a final decision. The State contended that proceedings had already been initiated and that the authorities should be directed to complete them. The Court examined the delay and ordered the Collector of Bhojpur to issue necessary directions to the concerned officials to initiate appropriate proceedings under Section 3, give notice to all parties, and pass a final order. The Court further directed that if the land is confirmed as public and encroached, it be made encroachment‑free within the statutory time limit. The writ petition was consequently disposed.

Issues considered

  • What direction, if any, should be issued to the authorities to conclude Encroachment Case No.02/2024-25 under the Bihar Public Land Encroachment Act, 1956?
  • Whether the delay in taking a final decision on the encroachment case warrants judicial intervention?

Legislation cited

Subjects

  • public land
  • encroachment
  • writ petition
  • direction
  • Bihar Public Land Encroachment Act
  • administrative law
  • delay in proceedings

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.14828 of 2025
                 ======================================================
                 Shatrunjay Prasad Singh @ Kanhaiya Singh Son of Late Chandrashekhar
                 Singh, resident of village- Sarathuan, P.S. Udwant Nagar, District- Bhojpur.

                                                                             ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through Collector, Bhojpur, Ara.
           2.    The Collector, Bhojpur, Ara.
           3.    The S.D.O. Sadar Ara cum District Public Complaint Redressal Officer, P.S.
                 Ara Town, District- Bhojpur.
           4.    B.D.O., Udwant Nagar, P.S.- Udwant Nagar, District- Bhojpur.
           5.    The Circle Officer, Block- Udwant Nagar, P.S.- Udwant Nagar, District-
                 Bhojpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Shivam Aniket, Advocate
                 For the Respondent/s   :       Mr. Standing Counsel (13)
                                                Mr. Bijay Bhushan Prasad, AC to SC-13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   17-04-2026                    Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                2. The writ petition has been filed for the following

                   reliefs :-

                                  1. That this an application for issuance of a
                                  writ/rule of direction to the respondents authorities
                                  particularly to respondent no. 05 conclude the
                                  Encroachment Case No.02/2024-25 filed by the
                                  petitioner and the villagers by removing the
                                  encroachment made upon the land of Khesara No.
                                  1907, 1911 & 1930 of Khata No.914 situated under
                                  Mauza Sarathua, P.S. Udwantnagar. District
                                  Bhojpur, since the said land is public land and used
                                  as Aahar with Alang (Rasta) for the villagers but
Patna High Court CWJC No.14828 of 2025(2) dt.17-04-2026
                                           2/3




                          the said case is pending till year 2024 before the
                          respondent no.05 and also for grant the relief for
                          which the petitioner is found entitled.

                      3. Learned counsel for the petitioner submits that on

          the application made by the petitioner, Encroachment Case

          No.02/2024-25 initiated under Section 3 of the Bihar Public

          Land Encroachment Act, 1956 (hereinafter referred to the ‘Act

          of 1956’) has been registered and notices under Section 3 of the

          Act of 1956 has also been issued but, till date, for no prudent

          reason, the further proceedings have not been resorted for taking

          a final decision in the aforementioned Encroachment Case.

                      4. On the other hand, learned counsel for the State

          submits that proceedings have already been initiated on the

          basis of application filed by the petitioner and the authorities

          may be directed to conclude the same, as notices to all

          concerned under Section 3 of the Bihar Public Land

          Encroachment Act, 1956, have already been issued.

                      5. Considering the submission of the parties, this

          Court finds it appropriate to direct the The Collector, Bhojpur,

          Ara, to issue necessary direction upon the concerned authorities

          for initiating appropriate proceeding under Section 3 of the

          Bihar Public Land Encroachment Act, 1956 and, after giving

          notice to all concerned, necessary orders shall be passed,
           Patna High Court CWJC No.14828 of 2025(2) dt.17-04-2026
                                                      3/3




                     adjudicating the issues raised by the petitioner, and to take a

                     final decision in the matter and in case, the land in question is

                     found to be a public land under encroachment, the same shall be

                     made encroachment free within the time so allowed under the

                     statute.

                                 6. Accordingly, the writ petition stands disposed of.



                                                  (Ajit Kumar, J)
sharun/-

U


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