Patna High Court
Amarjeet Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- VIKASH KUMAR
Holding
The Court ordered the Anchal Adhikari to consider the petitioner’s representation regarding the encroachment within four weeks, thereby directing the removal process.
Summary
The petitioner, Amarjeet Kumar Yadav, sought a writ of mandamus to compel the State of Bihar and its officials to remove an illegal encroachment by respondent No.4, who had constructed a ten‑room house on government land, thereby obstructing a public road. He had filed an application with the Anchal Adhikari on 19‑08‑2024 requesting removal, but no action was taken. The petitioner filed the writ petition on 10‑01‑2025, and no counter‑affidavit was filed by the respondents. The Court examined whether the administrative authority had failed to act on a lawful representation and whether a mandamus could be issued. Finding that the Anchal Adhikari had not considered the petitioner's representation, the Court directed the Adhikari to consider it within four weeks, effectively ordering the removal process to be initiated. The writ petition was disposed of with this direction.
Issues considered
- Whether the court can issue a writ of mandamus directing the removal of an encroachment on government land.
- Whether the Anchal Adhikari’s failure to act on the petitioner’s representation warrants judicial intervention.
Subjects
- encroachment
- government land
- mandamus
- public road
- writ jurisdiction
- land reforms
- administrative inaction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1691 of 2025
======================================================
Amarjeet Kumar Yadav Son of Sri Yogendra Yadav, resident of Village -
Majhariya, Anchal Paharpur, P.S. - Malahi, District - East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Revenue and Land Reforms
Department, Bihar, Patna.
2. The Collector, East Champaran at Motihari.
3. Anchal Adhikari, Paharpur Anchal, District - East Champaran.
4. Chhathu Prasad Yadav, Son of Late Mahavir Yadav, Resident of village -
Majhariya, Anchal - Paharpur, P.S. - Malahi, District- East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharad Kumar Verma, Adv.
: Mr. Umesh Chandra Verma, Adv.
For the Respondent/s : Mr. Addl. Advocate General (05)
For State of Bihar : Mr. S. Raza Ahmad, AAG-5
: Mr. Md. K. Akhtar, AC to AAG-5
======================================================
CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR
ORAL ORDER
2 06-07-2026 Heard Mr. Umesh Chandra Verma, Advocate for the
petitioner and Mr. S. Raza Ahmad, learned AAG-5 assisted by
Mr. Md. K. Akhtar, AC to AAG-5 for the State of Bihar.
2. The petitioner has prayed for issuance of an
appropriate writ, order or direction, particularly in the nature of
mandamus, directing respondents to remove encroachment
made by unscrupulous encroacher (respondent no. 4)
constructing house consisting of about 10 rooms on gairmajarua
government land under khata no. 02 khesara no. 1744, mauza-
Majhariya, thana-27 within Anchal- Paharpur, District- East
Patna High Court CWJC No.1691 of 2025(2) dt.06-07-2026
2/2
Champaran, and thereby blocking public road.
3. It is the case of the petitioner that on 19.08.2024, he
has submitted an application before the Anchal Adhikari,
Paharpur, for removing the encroachment, but till date no
decision has been taken by the respondent no. 3.
4. The present writ application was filed on
10.01.2025. No counter-affidavit is on record.
5. Accordingly, the present writ application is
disposed of with a direction to respondent no. 3 i.e., Anchal
Adhikari, Paharpur Anchal, District – East Champaran to
consider the representation dated 19.08.2024 filed by the
petitioner in accordance with law, within a period of 4 weeks
from the date of passing of this order.
(Vikash Kumar, J)
Ashwin/-
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