Patna High Court
Shankar Jee DubeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- VIKASH KUMAR
Holding
The Court ordered the Circle Officer to remove the encroachment on Road No. 110 and to conclude the encroachment case within four weeks.
Summary
Shankar Jee Dubey filed a writ petition seeking a mandamus directing the authorities to enforce a 19 April 2024 order of the District Magistrate that directed removal of an encroachment on Road No. 110 and to expedite the disposal of Encroachment Case No. 07/2023‑34 under the Bihar Public Land Encroachment Act, 1956 against private respondents. The petitioner alleged that the encroachment had not been removed despite the earlier order. The Court examined the petition and, noting the absence of any counter‑affidavit and the continued presence of the encroachment, directed the Circle Officer, Jeeradei, to remove the encroachment and to conclude the pending case within four weeks. The Court thereby granted the relief sought and disposed of the writ application accordingly.
Issues considered
- Whether the Court should issue a writ of mandamus directing the removal of the encroachment on Road No. 110 as per the earlier order of the District Magistrate.
- Whether the Court should direct the early disposal of Encroachment Case No. 07/2023‑34 under the Bihar Public Land Encroachment Act, 1956.
Legislation cited
Subjects
- encroachment
- public road
- mandamus
- Bihar Public Land Encroachment Act
- writ jurisdiction
- removal of encroachment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1948 of 2025
======================================================
Shankar Jee Dubey Son of Kailashpati Dubey, resident of Village - Sajna, P.O.
- Makriya, P.S. - Mairwa, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through District Magistrate, Siwan.
2. The District Magistrate, District - Siwan.
3. The Addl. Collector, District- Siwan.
4. The Sub-Divisional Officer, Siwan Sadar,
5. The Circle Officer, Jeeradei, District - Siwan.
6. Ghanshyam Dubey, Son of Ramavtar Dubey, resident of Village- Sajna, P.O.
- Makriya, P.S.- Mairwa, District - Siwan.
7. Shambhu Debey, Son of Briksha Deubey, resident of Village- Sajna, P.O. -
Makriya, P.S.- Mairwa, District - Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghav Prasad, Adv.
: Ms. Urmila Kumari, Adv.
For the State : Mr. Santosh Chandra Bhaskar (AC to GP11)
======================================================
CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR
ORAL ORDER
2 06-07-2026 Heard Mr. Raghav Prasad and Ms. Urmila Kumari,
learned Advocates for the petitioner and Mr. Santosh Chandra
Bhaskar, learned AC to GP11 for the State.
2. The petitioner in the present writ application has prayed
for the following relief/reliefs :-
i) For issuance of a writ in the nature of
Mandamus, or any other appropriate writ/writs,
order/orders, direction/directions for commanding and
directing the respondent authorities for strict compliance of
the order dated 19.04.2024 passed by the respondent
District Magistrate-Siwan cum Second Appellate Authority
passed in Public Grievances Redressal Case No.
Patna High Court CWJC No.1948 of 2025(2) dt.06-07-2026
2/2
516110118092304182/2A (Shankar Ji Dubey vs
Anchaladhikari, Jeeradei), by which the respondent District
Magistrate has directed to remove the encroachment of
Road No. 110.
ii) For issuance of a writ/writs, order/orders for
commanding and directing the respondent Circle Officer,
Jeeradei, to early disposal of the Encroachment Case No.
07/2023-34 according to the provision of the Bihar Public
Land Encroachment Act, 1956, and direct the private
respondents no. 6 and 7 to remove the encroachment they
have committed on public road (Gair Majurwa Aaam-
Rasta).
iii) For issuance of any other appropriate writ
or writs under the facts and circumstance of the case, in
favour of the petitioner.
3. The writ application has been filed on 20.12.2024 with
the service of copy to the office of learned Advocate General, Patna,
Bihar.
4. No counter-affidavit has been filed as yet .
5. With acceptance of submission made on behalf of the
petitioner that the encroachment has not been removed, this Court
directs that respondent no. 5 i.e. the Circle Officer, Jeeradai, Siwan to
remove the encroachment at Road no. 110 and to conclude the
proceeding of Encroachment Case No. 07 of 2023-24, if not
concluded, within a period of 4 weeks from the date of this order.
6. The writ application is disposed of accordingly.
(Vikash Kumar, J)
Ashwin/-
U
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