Patna High Court
Uma Kant Prasad @ Uma Kant Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- VIKASH KUMAR
Holding
The Court set aside the orders of the Public Grievance Redressal Officer and the First Appellate Authority and remanded the matter to the Circle Officer for a fresh enquiry with an opportunity for the petitioner to be heard.
Summary
The petitioner, Uma Kant Prasad, filed a writ petition seeking a direction to the State authorities to initiate proceedings under the Public Road Encroachment Act and remove an alleged encroachment on a public road that was obstructing vehicular movement. The petitioner challenged the findings of the Public Grievance Redressal Officer, who had earlier held that the encroachment had been removed, and the subsequent order of the First Appellate Authority, which merely reiterated that finding without conducting any enquiry. The High Court observed that the appellate authority acted mechanically, violating the principles of natural justice by not providing the petitioner an opportunity to be heard. Consequently, the Court set aside both the 7 September 2024 and 19 November 2024 orders and remanded the matter to the Circle Officer for a fresh enquiry, mandating that the petitioner be given a chance to present his case within four weeks. The writ application was thereafter disposed.
Issues considered
- Whether the orders of the Public Grievance Redressal Officer and the First Appellate Authority can be set aside for lack of enquiry and violation of natural justice.
- Whether the petitioner is entitled to a direction to initiate proceedings under the Public Road Encroachment Act for removal of the alleged encroachment.
- Whether the High Court can remand the matter to the Circle Officer for fresh consideration.
Legislation cited
- Public Road Encroachment Act
Subjects
- public road encroachment
- writ jurisdiction
- natural justice
- administrative law
- remand
- public grievance redressal
- civil writ
- encroachment removal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1906 of 2025
======================================================
Uma Kant Prasad @ Uma Kant Prasad Yadav Son of Late Sakal Prasad Ya-
dav, Resident of Village- Dumari, P.O.- Mahuawa, P.S.-Majhaulia, District-
West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector, West Champaran.
2. The Additional Collector, Bettiah, West Champaran.
3. The Block Development Officer, Majhaulia, District- West Champaran.
4. The Sub-Divisional Officer, Public Grievance Redressal, Bettiah, West
Champaran.
5. The Circle Officer, Majhaulia, West Champaran.
6. The Officer-in-Charge, P.S.-Majhaulia, District- West Champaran.
7. Ram Tapasya Ram, Son of Late Bhutu Ram resident of Village- Dumari,
P.O.- Mahuawa, P.S.- Majhaulia, District- West Champaran.
8. Bharat Sahni, Son of Dukhan Sahni resident of Village- Dumari, P.O.-
Mahuawa, P.S.- Majhaulia, District- West Champaran.
9. Surendra Sahni, Son of Mathura Sahni resident of Village- Dumari, P.O.-
Mahuawa, P.S.- Majhaulia, District- West Champaran.
10. Kapil Sahni, Son of Mathura Sahni resident of Village- Dumari, P.O.-
Mahuawa, P.S.- Majhaulia, District- West Champaran.
11. Nawal Sahni, Son of Sudama Sahni resident of Village- Dumari, P.O.-
Mahuawa, P.S.- Majhaulia, District- West Champaran.
12. Ramashray Sahni, Son of Late Gaya Sahni resident of Village- Dumari, P.O.-
Mahuawa, P.S.- Majhaulia, District- West Champaran.
13. Rameshwar Ram, S/o Late Ambika Ram resident of Village- Dumari, P.O.-
Mahuawa, P.S.- Majhaulia, District- West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prateek Tandon, Advocate
For the State : Md. Kamil Akhtar, AC to AAG-5
======================================================
CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR
ORAL ORDER
2 06-07-2026 Heard Shri Prateek Tandon, learned counsel for the
petitioner and Md. Kamil Akhtar, learned AC to AAG-5 for the State.
2. The petitioner has prayed for issuance of an appropriate
writ order or direction commanding the respondents to initiate a
Patna High Court CWJC No.1906 of 2025(2) dt.06-07-2026
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proceeding against the private respondent under the Public Road
Encroachment Act and upon finding the alleged encroachment
remove the encroachment from the Public Road including cannal
bearing khata no. 416, Khesra No. 958, Thana No. 283, Village-
Dumri, Majhaulia, District-West Champaran, the said public road
leads from village-Dumri to Bettiah via Rampurwa Mahuawa, which
has been encroached by the private respondents due to said
encroachment the movement of vehicles has been closed and the
petitioner along with other villagers are facing lots of trouble.
3. The writ application was filed on 20.01.2025. No
counter affidavit is on record.
4. From perusal of the Annexure -P/7, it appears that the
Circle Officer, Majhaulia, West Champaran vide memo no- 329 dated
09.05.2022 has informed the Sub Divisional Officer, Bettiah Sadar,
that encroachment over 11.74 acres of land in pursuance of En-
croachment Case No. 15/2019-2020 has already been removed on
09.05.2022 with the help of Police Force and in presence of the
Magistrate. The petitioner in present writ application disputes with
position and the status of land in question and has filed an
application on 28.06.2024 before the Public Grievance Redressal Of-
ficer, Bettiah, West Champaran, which was dispose of vide order
dated 07.09.2024.
5. The petitioner aggrieved by the order preferred appeal
before the learned Sub Divisional Officer- cum- First Appellate
Patna High Court CWJC No.1906 of 2025(2) dt.06-07-2026
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Authority vide application dated 23.09.2024. The Learned Appellate
Authority vide order dated 19.11.2024 dispose off the appeal.
6. This court finds that the First Appellate Authority in
mechanical manner has only reiterated the finding of Public
Grievance Redressal Officer, whose finding is based on
communication vide memo no.-329 dated 09.05.2022. No enquiry
on the application of petitioner was ever conducted in pursuance of
representation dated 28.06.2024.
7. Accordingly, order dated 07.09.2024 (Annexure- P/2)
and order dated 19.11.2024 are set aside and matter is remanded back
to the Circle Officer, Majhaulia, West Champaran for fresh
consideration of representation dated 28.06.2024 after proper
enquiry, in presence of petitioner, within a period of four weeks from
the date of order. It is made clear that before passing the order, the
Circle Officer is required to give opportunity to the petitioner to
represent his side.
8. Accordingly, the writ application is disposed of.
(Vikash Kumar, J)
Rohit/-
U
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