Created by Fuzzy Cloud

Patna High Court

Satyendra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.