Patna High Court
Anil RayversusThe State of Bihar through the Principal Secretary,
- Decided
- Disposal
- DISPOSED
- Bench
- VIKASH KUMAR
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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