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Patna High Court

Anil RayversusThe State of Bihar through the Principal Secretary,

Decided
Disposal
DISPOSED

Holding

The petition was dismissed as there was nothing left for adjudication after the respondents' counter‑affidavit clarified the temporary nature of the occupation.

Summary

The petitioner, Anil Ray, filed a writ petition seeking the removal of alleged encroachments on public land belonging to the Dalsinghsarai Bazar Samiti and to restrain further illegal occupation. The petition alleged that several Khesra parcels (Nos. 12, 13, 14, 18, 19, 23, 24, 25, 28) were occupied without authority and requested the respondents to initiate proceedings for removal. The respondents, through a counter‑affidavit, contended that the occupation arose temporarily during the COVID‑19 pandemic when the regular vegetable market was sealed and shopkeepers were allowed to operate on the Bazar Samiti premises, and that they were later evicted when normalcy returned. The court examined the counter‑affidavit and found that the factual dispute was resolved, leaving no issue for adjudication. Consequently, the court disposed of the writ petition without granting any relief.

Issues considered

  • Whether the writ petition for removal of encroachment on public land should be entertained in view of the respondents' claim that the occupation was a temporary measure during the COVID‑19 pandemic and has since been terminated

Subjects

  • encroachment
  • public land
  • writ petition
  • COVID-19
  • Bihar State Agriculture Marketing Board
  • Bazar Samiti
  • land removal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1798 of 2025
                 ======================================================
                 Anil Ray, Son of Ram Narayan Ray, Resident of Village - Harishankarpur,
                 Ward No. 09, P.O. - Anischak, P.S. - Dalsinghsarai, District- Samastipur.

                                                                          ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Secretary, Agriculture
                 Department, Government of Bihar, Patna.
           2.    The Bihar State Agriculture Marketing Board, Pant Bhawan, Jawaharlal
                 Nehru Marg, Patna through its Administrator.
           3.    The Commissioner, Darbhanga Division at Darbhanga.
           4.    The District Magistrate - cum- Collector, Samastipur.
           5.    The Additional Collector, District - Samastipur.
           6.    The District Agriculture Officer, District - Samastipur.
           7.    The Sub-Divisional Officer - cum- Ex-officio Chairman Bazar Samiti, Sub -
                 Division - Dalsinghsarai, District- Samastipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Ashok Kumar Choudhary, Sr. Advocate
                                                 Mr. Ujjwal Kumar, Advocate
                 For the state          :        Mr. Anil Kumar Singh, GP- 27
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR
                                       ORAL ORDER

2   06-07-2026                    Heard Mr. Ashok Kumar Choudhary, learned Senior

                   Counsel assisted by Mr. Ujjwal Kumar, learned counsel on

                   behalf of the petitioner and Mr. Anil Kumar Singh, GP 27,

                   learned counsel for the State.

                                 2. In the present writ application the petitioner has

                   prayed for the following reliefs:-

                                                        (a) For a direction upon the Respondent
                                            authorities to remove encroachment over the public
                                            land i.e. Dalsinghsarai Bazar Samiti premises is
                                            situate at Mauja Chakmutarja, Thana No. 64, Circle
                                            - Dalsinghsarai, at Khesra Nos. 12, 13, 14, 18, 19,
                                            23, 24, 25 and 28, immediately without any
Patna High Court CWJC No.1798 of 2025(2) dt.06-07-2026
                                            2/3




                                  unnecessary delay.
                                              (b) For a direction upon the Respondent
                                  Authorities particularly Respondent No. 6 to initiate
                                  appropriate proceeding before the Circle Officer to
                                  remove the aforesaid encroachment from public land
                                  i.e. Dalsinghsarai Bazar Samiti premises is situate
                                  at Mauja Chakmutarja, Thana No. 64, Circle
                                  Dalsinghsarai, at Khesra Nos. 12, 13, 14, 18, 19,
                                  23, 24, 25 and 28.
                                              (c) For a direction upon the Respondent
                                  authorities to restrain illegal encroachers to further
                                  encroach upon the public land i.e. Dalsinghsarai
                                  Bazar Samiti premises is situate at Mauja
                                  Chakmutarja, Thana No. 64, Circle Dalsinghsarai,
                                  at Khesra Nos. 12, 13, 14, 18, 19, 23, 24, 25 and 28.
                                              (d) To pass any other order/orders in
                                  shape of a consequential relief to which the
                                  Petitioner may be found to be legally entitled to in
                                  the facts and circumstances of the instant case at
                                  hand.

                      3. At the outset, learned counsel appearing on behalf

          of the petitioner submits that the present writ application may be

          disposed of in terms of the submission made in paragraph 6 of

          the counter affidavit, filed on behalf of respondent nos. 3, 4, 5

          and 7, which is reproduced hereinbelow:-

                                  “these Respondent have to say that during the
                                  Covid-2019 vegetable market which was running at
                                  Gudri Road, Dalsinghsarai was sealed and shop
                                  keepers of vegetable Gudri Road, Daisinghsarai
                                  were directed to continue their business under the
                                  Campus of Bazar Sammittee, Dalsinghsarai. After
                                  some times, where the situation under Covid-2019
                                  became normal all those shop keepers were directed
                                  to replace at old vegetable market at Gudri Road,
                                  Dalsinghsarai and shop keepers were evicted from
                                  campus of Bazar Sammittee.”

                      4. The submissions made on behalf of petitioner is
          Patna High Court CWJC No.1798 of 2025(2) dt.06-07-2026
                                                      3/3




                    accepted. Nothing remains for adjudication. Accordingly, the

                    present writ application is disposed off.




                                               (Vikash Kumar, J)
sweta/-

U


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