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Patna High Court

Jogi SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner must file a fresh representation and the removal of encroachment should be pursued through the procedure prescribed under Section 3 of the Bihar Public Land Encroachment Act, 1956.

Summary

Petitioner Jogi Sahni filed a writ petition seeking an order directing the State of Bihar and other officials to remove encroachments on public land (Khesra No. 963(O), 1698(N)) caused by respondent No.5 and others. The court examined whether it could directly order removal or must direct the petitioner to follow statutory procedure. It held that the petitioner must first file a fresh representation detailing the encroachers, after which the Circle Officer should initiate proceedings under Section 3 of the Bihar Public Land Encroachment Act, 1956. The court directed that the appropriate notice and adjudication be carried out within the time limits prescribed by the Act. Consequently, the writ petition was disposed of without a direct order for removal.

Issues considered

  • Whether the High Court can directly order removal of encroachment on public land in a writ petition.
  • Whether the petitioner must first file a representation and allow the statutory process under the Bihar Public Land Encroachment Act, 1956 to proceed.

Legislation cited

Subjects

  • encroachment
  • public land
  • writ jurisdiction
  • Bihar Public Land Encroachment Act
  • land reform
  • removal of encroachment

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.1807 of 2025
                 ======================================================
                 Jogi Sahni Son of Late Gauri Sahni, Resident of Village- Mariya Khokhanahi,
                 P.S.- Bisfi, District- Madhubani.

                                                                           ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Principal Secretary, Revenue, Land Reforms,
                 Department, Govt. of Bihar, Patna.
           2.    The District Collector, Madhubani.
           3.    The Sub-Divisional Magistrate, Benipatti, Madhubani.
           4.    The Circle Officer, Bisfi, Madhubani.
           5.    Sujeet Sahani, Son of Manager Sahani, Resident of Village Madhiya, P.S.-
                 Bisfi, District- Madhubani.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Saroj Kumar, Adv.
                 For the Respondent/s   :        Government Advocate (10)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   18-03-2026                    Heard learned counsel for the petitioner and learned

                   counsel for the Respondent-State.

                               2. The instant writ application has been filed for the

                   following relief(s):-

                                                      “(i)     For    issuance      of     an

                                            appropriate      writ/   writ(s)/order(s)      or

                                            direction to the respondents to remove the

                                            encroachment upon the land pertaining to

                                            Khesra No. 963(O), 1698(N) which is

                                            situated at Mauza Madhiya, Thana-Bisfi,

                                            District, Madhubani and this land belongs to
Patna High Court CWJC No.1807 of 2025(2) dt.18-03-2026
                                            2/3




                                  Bihar Sarkar as Anabad Sarbsadharan

                                  (Road Lane) so that peace of that locality be

                                  maintained.       The   said   land   has   been

                                  encroached by respondent No.5 and others

                                  by constructing their thatched hut etc.”

                      3.      The petitioner is directed to file a fresh

          representation with regard to the encroachment, in question,

          giving full details of the persons who have made construction

          over the land and creating obstruction over the public road by

          blocking the same.

                      4. It is expected that once such an application for

          removal of the encroachment is filed by the petitioner, then the

          Circle Officer, Bisfi, Madhubani will initiate the appropriate

          proceeding under Section 3 of the Bihar Public Land

          Encroachment Act, 1956 and, after giving notice to all

          concerned, necessary orders shall be passed, adjudicating the

          issues, in question, and once it is found that the land, in

          question, is a public land and the same has been encroached by

          the private persons, the same shall be made encroachment free

          within the time so allowed under the statute.

                      5.    It is expected that the entire exercise shall be

          carried out and concluded within the time stipulated under the
             Patna High Court CWJC No.1807 of 2025(2) dt.18-03-2026
                                                         3/3




                       Act from the date of initiation of proceeding under Section 3 of

                       the Bihar Public Land Encroachment Act, 1956.

                                   6. With the aforesaid observation and direction, the

                       writ petition stands disposed of.



                                                    (Ajit Kumar, J)
    perwez

U


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