Patna High Court
Rakesh KumarversusThat State of Bihar
- Decided
- Disposal
- DISMISSED
Holding
The petition is dismissed because the encroachment matter is already before the competent authority, rendering the writ petition unnecessary.
Summary
The petitioner, Rakesh Kumar, filed a writ petition seeking a mandamus directing the State of Bihar and local officials to remove illegal encroachments on a drainage (PAIN) between villages Trikolia and Shyambakhari and to act on a villagers' application for the same. The respondents filed a counter‑affidavit stating that the Circle Officer, Dhaka, had already instituted Encroachment Case No. 20/2025‑26, investigated the matter, and recorded the encroachments, with a report submitted on 12‑02‑2026. The petition argued that the encroachment remained and required immediate court intervention. The Court examined whether it could entertain a writ when the matter was already pending before the competent administrative authority. Finding that the administrative process was underway and that the petition offered no additional relief, the Court held that there was no useful purpose in entertaining the writ. Consequently, the petition was disposed of without granting any relief.
Issues considered
- What is the appropriate jurisdiction of the High Court to entertain a writ petition seeking mandamus for removal of encroachments when a parallel administrative proceeding is already pending?
Subjects
- encroachment
- public interest litigation
- mandamus
- drainage removal
- administrative law
- pending proceedings
- jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18635 of 2025
======================================================
Rakesh Kumar Son of Late Rajendra Ray @ Late Rajendra Roy Resident of
Village- Shyambakhari, Police Station- Dhaka, District- East Champaran.
... ... Petitioner/s
Versus
1. That State of Bihar through the Principal Secretary, Bihar, Patna.
2. The Commissioner, Trihut Commissioneri, Muzaffarpur.
3. The District Magistrate, East Champaran, Motihari.
4. The Sub-divisional Officer, Dhaka, East Champaran.
5. The Circle Officer, Dhaka, East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Deo Singh, Advocate
For the Respondent/s : Mr. Standing Counsel (28)
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 19-02-2026 This writ petition has been filed by the petitioner,
Rakesh Kumar, with the following prayers:-
"(A) A writ in the nature of mandamus or
any other appropriate writ, order/s, direction
commanding the respondents for the following:
i) To remove the illegal encroachment
over the PAIN / drainage situated between village
Trikolia and Shyambakhari falling within Dhaka
police station of East Champaran and connected to
river Daini and River Bakya Charan forthwith.
ii) To take appropriate action on the
application given to the local authority by the
villagers including the petitioner for removing the
Patna High Court CWJC No.18635 of 2025(5) dt.19-02-2026
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encroachment over the PAIN/drainage situated at
Khata No. 03, Plot No. 01, Khata No. 242, Plot No.
520 and 309.
B) To any other relief/s for which the
petitioner is found entitled too."
2. A counter-affidavit has been filed by Respondent
Nos. 3 to 5, wherein in paragraphs 7 and 8, it is stated as
follows:-
"7. That it is stated that the Circle
Officer, Dhaka instituted Encroachment Case
No.20/2025-26. On 22.01.2026 regarding the
encroachment over the land in question and get it
enquired. The Rajsav Karmchari submitted enquiry
report and reported that Khata No.242, Plot
No.520 area 1 acre 46 decimal and Khata No.242,
Plot No.309 area 15 decimal of Village Trikolia are
recorded as PAIN and Khata No.3, Plot No.1 area
1 acre 35 decimal of land of Village-Shyambakhari
recorded as Nala in R.S. Khatiyan and there is
encroachment over the land by various persons.
The Anchal Amin measured the land and submitted
encroachment by 24 persons in village
Shyambakhari and the two persons found
encroachers in Village Trikolia. The report has
been submitted on 12.02.2026.
8) That it is stated and submitted that the
Circle Officer, Dhaka has instituted encroachment
case and proceedings as per rule which is under
process."
Patna High Court CWJC No.18635 of 2025(5) dt.19-02-2026
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3. Since Encroachment Case No. 20 of 2025-26 has
already been registered and the matter is under consideration
before the competent authority, no useful purpose would be
served in entertaining this Public Interest Litigation.
4. Accordingly, the writ petition stands disposed of.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
Neha/-
U
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