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Patna High Court

Shankar Jee DubeyversusThe State of Bihar

Decided
Disposal
DISPOSED

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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