Patna High Court
Satyendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the respondents must ensure removal of the encroachments and dispose of the pending appeal within three months, otherwise contempt proceedings may be initiated.
Summary
The petitioner, Satyendra Kumar, filed a writ petition against the State of Bihar and several officials seeking removal of encroachments on public land in Rohtas district. He requested that the Circle Officers of Sanjhauli and Dinara initiate legal proceedings against the encroachers and that the District Magistrate ensure removal within a stipulated time. The court noted that an appeal by the encroachers (Encroachment Case No 37/2022‑23) had been filed and directed the Collector to dispose of that appeal within three months. The court further ordered that if the appeal is rejected, the Circle Officer must promptly remove the encroachment, and failure to do so would permit the petitioner to file a contempt petition. Accordingly, the writ petition was disposed with these directions.
Issues considered
- Whether the administrative authorities are duty-bound to remove encroachments from public land under a writ petition.
- Whether the court can direct the disposal of a pending appeal by encroachers within a specific time frame.
- Whether failure to comply with the court's directions can give rise to contempt proceedings.
Subjects
- encroachment
- public land
- writ petition
- removal order
- contempt
- administrative law
- land reforms
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16412 of 2022
======================================================
Satyendra Kumar Son of Narwadeshwar Singh Resident of Village-
Nadauvan, P.S.- Natwar, District- Rohtas at Sasaram. ... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Bihar, Patna.
2. The Principal Secretary, Revenue and Land Reforms Department, Bihar,
Patna.
3. The District Magistrate, Rohtas at Sasaram.
4. The Circle Officer, Sanjhauli, Rohtas.
5. The Circle Officer, Dinara, Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rana Ishwar Chandra, Advocate
For the Respondent/s : Mr.Birendra Prasad Singh, AC to SC-19
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 19-02-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for commanding and directing the
Respondent Nos.-4 (Circle Officer,
Sanjhauli) No.-5 (Circle Officer, Dinara) to
remove encroachment from the Public Land
as described in paragraph nos.-4, 8 and 9,
respectively, after initiating due legal
proceeding against the encroachers;
(ii) for commanding and directing the
respondent no.-3 (District Magistrate,
Rohtas) to ensure the removal of
encroachment from the subjected Public
Patna High Court CWJC No.16412 of 2022(6) dt.19-02-2026
2/2
Land within a stipulated time frame;
(iii) for such other relief(s) for which the
petitioner may be found entitled to in the
facts and circumstances of the instant case..
3. The last affidavit of the Circle Officer, Dinara,
Rohtas shows that Lalmuni Ram and others preferred
Encroachment Case No 37/2022-23 on 01.07.2025.
4. in view of the fact that an appeal has been filed as
recorded in the supplementary counter affidavit, the Collector,
Rohtas is directed to dispose of the appeal at an earliest
preferably within a period of three months, if still not disposed
of.
5. It is made clear that if the appeal of the
encroachers are rejected, the Circle Officer, Rohtas is duty
bound to take immediate steps for the removal of the
encroachment within a specified period failing the petitioner
shall be free to file contempt petition.
6. With the aforesaid observation, the writ petition is
disposed of.
(Rajiv Roy, J)
Ravi/-
U
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