Patna High Court
Jagarnath RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- VIKASH KUMAR
Holding
The writ of mandamus was not granted because a statutory encroachment proceeding was already in progress, and the court directed the authorities to complete that proceeding.
Summary
Petitioner Jagarnath Ray sought a writ of mandamus directing the State of Bihar and local officials to remove an encroachment on Gairmazarua (public road) land bearing Khata No.393, Khesra No.1771, alleging that the encroachment disturbed the Aam Rasta. The respondents, including the District Magistrate and Circle Officer, filed a counter‑affidavit stating that an encroachment proceeding (Case No. 1009 of 2024‑25) had already been initiated, notices issued to the alleged encroachers, and the matter was pending adjudication under revenue law. The court examined whether the writ was maintainable when the administrative process was already underway. It held that the existence of the pending encroachment proceeding rendered the writ unnecessary and ordered the Circle Officer to conclude the proceeding within four weeks. Consequently, the petition was disposed of without granting the writ of mandamus.
Issues considered
- What is the appropriate remedy when a public road land is encroached and a writ of mandamus is sought?
- Can a court issue a mandamus directing removal of encroachment when a statutory encroachment proceeding is already pending?
Subjects
- encroachment
- writ of mandamus
- public road (Aam Rasta)
- Gairmazarua land
- land revenue law
- administrative proceedings
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1806 of 2025
======================================================
Jagarnath Ray Son of Hardayal Ray Resident of Vil -lage-Paithniya, P.S.-
Chakia, District-East Champaran, Motihari
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
De -partment, Govt. of Bihar, Patna.
2. The Principal Secretary, Revenue and Land Reforms Dept., Govt. of Bihar,
Patna.
3. The District Magistrate, East Champaran, Motihari.
4. The Circle Officer, Chakia, District-East Champaran, Motihari.
5. Sonelal Sahani Son of Bulla Sahani Resident of Village-Paithniya, P.S.-
Chakia, District-East Champaran, Motihari.
6. Krishna Sahani Son of Bulla Sahani Resident of Village-Paithniya, P.S.-
Chakia, District-East Champaran, Motihari.
7. Malakh Sahani Son of Bulla Sahani Resident of Village-Paithniya, P.S.-
Chakia, District-East Champaran, Motihari.
8. Ramesh Sahani Son of Late Lalan Sahani Resident of Village-Paithniya,
P.S.-Chakia, District-East Champaran, Motihari.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Adv.
: Ms. Isha Mishra, Adv.
: Mr. Sumit Kr. Gupta, Adv.
For the State : Smt. Anuradha Singh (SC 21)
: Smt. Shatabdi Sinha (AC to SC 21)
======================================================
CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR
ORAL ORDER
2 06-07-2026 Heard Sri Sharda Nand Mishra, learned Advocate for
the petitioner and Smt. Shatabdi Sinha, learned AC to SC 21.
2. The petitioner in the present writ application has
prayed for following reliefs :-
(i) For issuance of writ nature of
mandamus for direction remove the encroachment
bearing Khata No.393, Khesra No. 1771 which is
Patna High Court CWJC No.1806 of 2025(2) dt.06-07-2026
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Gairmajarua land, encroached by the private
respondents, in the result Aam Rasta has been
disturbed.
(ii) For further issue direction to
respondent to initiate encroachment proceeding for
removing encroachment from the Khesra No. 1771
of the Gairmajarua land.
(iii) For further issue direction to
respondent to consider the application dated
17.05.2024, 30.12.2024 for removing encroachment.
(iv) For further give other legal
consequential benefit of the petitioner.
3. Counter-affidavit on behalf of respondent no. 3 and
4 is on record, copy of which has been served to the petitioner
on 25.03.2025. Thereafter no rejoinder has been filed by the
petitioner.
4. Paragraph 5 of counter-affidavit is reproduced
hereinbelow -
That Encroachment Case No-1009 of 2024-25 has been
initiated in the matter concerned. Report from Revenue Karmchari
and Anchal Amin were called for. It has been reported that the land
bearing Plot No-1771, Khata No-393, Thana No-132 situated
under Mauza-Barmadiya, Anchal Chakia is Gairmazarua Aam
land in the nature of road. On measurement, it has been
found/reported encroached by six persons including respondents
no-5 to 8. As such, notices in Form No-I have been issued against
the reported encroachers providing opportunity of hearing. The
proceeding will be concluded on hearing the reported encroachers
in accordance with law. This writ application is liable to be
disposed off.
5. In the circumstances, initiation of Encroachment
Case No. 1009 of 2024-2025 by the concerned authority and
issuance of notices to the encroachers, the present writ
application is disposed of with a direction to respondent no.4 i.e.
Patna High Court CWJC No.1806 of 2025(2) dt.06-07-2026
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the Circle Officer Chakia, District- East Champaran, Motihari,
to conclude the encroachment proceeding, if not, within a period
of four weeks from the date of this order.
(Vikash Kumar, J)
Ashwin/-
U
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