Patna High Court
Binod Kumar @ Binod Kumar SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court directs the petitioner to file a fresh representation and orders the Circle Officer to initiate proceedings under Section 3 of the Bihar Public Land Encroachment Act, 1956, and disposes of the writ petition.
Summary
The petitioner, Binod Kumar, filed a writ petition seeking a direction to the Circle Officer, Triveniganj, to conclude an encroachment case (No. 02/2019‑20) concerning a 60‑foot strip of public land (Gairmajarua Aam) that had been occupied and was obstructing a road. The Court noted procedural defects but allowed the petitioner to correct the relief portion of the petition. It directed the petitioner to file a fresh representation identifying the encroachers and then ordered the Circle Officer to commence proceedings under Section 3 of the Bihar Public Land Encroachment Act, 1956. The Court expected the authority to give notice, adjudicate, and, if the land is confirmed as public, to remove the encroachment within the statutory time‑limit. With these directions, the writ petition was disposed of.
Issues considered
- Whether the Circle Officer is required to conclude the encroachment case and order removal of the encroachment on public land under the Bihar Public Land Encroachment Act, 1956.
- Whether the petitioner must first file a fresh representation detailing the persons responsible for the encroachment before the administrative authority can act.
- Whether the court can direct the administrative authority to initiate proceedings under Section 3 of the Bihar Public Land Encroachment Act, 1956.
Legislation cited
Subjects
- encroachment
- public land
- Bihar Public Land Encroachment Act
- Section 3
- writ petition
- civil writ jurisdiction
- removal of encroachment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15913 of 2025
======================================================
Binod Kumar @ Binod Kumar Sah S/o- Tetar Sah, Resident of Village-
Babhangama, P.S- Triveniganj, District- Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar Through The Chief Secretary, Govt. of Bihar, at Old
Secretariat, P.O- GPO, P.S.- Sachiwalay, District- Patna.
2. The Additional Chief Secretary, Revenue and Land Reforms Department,
Govt. of Bihar, Patna, at Vikas Bhawan, P.O- Punaichak, P.S- Shastrinagar,
District- Patna.
3. The District Magistrate, Supaul, P.O, P.S and District- Supaul.
4. The Subdivisional Magistrate, Supaul, P.O, P.S and District- Supaul.
5. The Circle Officer, Anchal-Triveniganj, P.O. and P.S- Triveniganj, District-
Supaul.
6. Shri Ramesh Thakur, S/o Ramdev Thakur, Resident of Village-
Babhangama, P.S.- Triveniganj, District- Supaul.
7. Shri Dinesh Thakur, S/o Ramdev Thakur, Resident of Village- Babhangama,
P.S.- Triveniganj, District- Supaul.
8. Shri Bhogendra Thakur, Son of Late Chintu Thakur, Resident of Village-
Babhangama, P.S.- Triveniganj, District- Supaul.
9. Umesh Thakur, Son of Late Chintu Thakur, Resident of Village-
Babhangama, P.S.- Triveniganj, District- Supaul.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anisha Sinha
For the Respondent/s : Mr.Addl. Advocate General 05
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 04-05-2026 In view of the submissions so made, the defect(s) as
pointed out by the Office / Stamp Reporter is hereby ignored.
2. Learned counsel for the petitioner, by filing a
mention slip, seeks permission to make necessary corrections in
the paragraph 1 / relief portion of the writ petition.
3. Permission is duly granted.
Patna High Court CWJC No.15913 of 2025(2) dt.04-05-2026
2/3
4. Office / Registry is directed to make necessary
corrections in the relief portion of the writ petition, in reference
to the mention slip filed by the petitioner.
5. The instant writ application has been filed for the
following relief(s):-
i. For a direction to the respondent no. 5
(Circle Officer, Triveniganj) to conclude the
encroachment case no. 02/2019-20 on its logical
conclusion with regard to remove the
encroachment over situated at
Mauza Thana Tauzi Khata Khesra Area
No. No. No. No.
Babhangama 271 532 188 1183 60 feet
The nature of the land is Gairmajarua Aam which
is the flank land in between road and house of the
petitioner which is public land.
ii. To grant any other relief/ reliefs for which
the petitioner he entitle to get in the eye of law.
6. The petitioner is directed to file a fresh
representation with regard to the encroachment, in question,
giving full details of the persons who have made construction
over the land and creating obstruction over the public road by
blocking the same.
7. It is expected that once such an application for
removal of the encroachment is filed by the petitioner, then the
Circle Officer, Triveniganj, will initiate the appropriate
Patna High Court CWJC No.15913 of 2025(2) dt.04-05-2026
3/3
proceeding under Section 3 of the Bihar Public Land
Encroachment Act, 1956 and, after giving notice to all
concerned, necessary orders shall be passed, adjudicating the
issues, in question, and once it is found that the land, in
question, is a public land and the same has been encroached by
the private persons, the same shall be made encroachment free
within the time so allowed under the statute.
8. It is expected that the entire exercise shall be
carried out and concluded within the time stipulated under the
Act from the date of initiation of proceeding under Section 3 of
the Bihar Public Land Encroachment Act, 1956.
9. With the aforesaid observation and direction, the
writ petition stands disposed of.
(Ajit Kumar, J)
sharun/-
U
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