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Patna High Court

Nand Kishore PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition was dismissed as the respondents had already taken effective steps to remove the encroachments, leaving no matter for adjudication.

Summary

The petitioner, Nand Kishore Prasad, filed a writ petition seeking a mandamus directing the State authorities to remove encroachments by private respondents on a piece of public land (plot no. 166) in Barwa mauza, West Champaran, and to conclude the related encroachment proceedings. The State responded that the Anchal Adhikari had already issued a letter on 04.07.2026 ordering removal of the encroachments and had requested police deployment for the same on 11.07.2026. The court examined whether any further judicial intervention was necessary given the administrative steps already taken. Finding that the respondents had effectively initiated the removal process and that no substantive issue remained for adjudication, the court held that the writ was no longer required. Consequently, the petition was disposed of without granting the relief sought.

Issues considered

  • Whether a writ of mandamus is appropriate to compel the removal of encroachments when the administrative authorities have already taken steps for removal.

Subjects

  • writ of mandamus
  • public land encroachment
  • administrative action
  • high court
  • petition disposed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1965 of 2025
                 ======================================================
                 Nand Kishore Prasad Paspat Prasad Resident of Vill- Pokhara Chowk,
                 Narkatiaganj, P.S.- Sikarpur, Dist- West Champaran.

                                                                       ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the Collector-Cum-Distirct Magistrate, West
                 Champaran at Bettiah
           2.    The Collector-Cum-District Magistrate, West Champaran at Bettiah.
           3.    The Addl. Collector, West Champaran, Bettiah
           4.    The Sub-Divisional Officer, Narkatiaganj, District-West Champaran.
           5.    The Circle Officer, Mainatand Block, Mainatand, Distirct-West Champaran.
           6.    The Officer-inCharge,         Inarwa    Police   Station,   Inarwa,   Dist.-West
                 Champaran.
           7.    Ram Chandra Yadav S/o Sheo Yadav Resident of Village-Barwa Parsauni,
                 P.S.-Inarwa, Anchal-Mainatand, Dist.-West Champaran.
           8.    Yogendra Yadav S/o Late Jagman Yadav Resident of Village-Barwa
                 Parsauni, P.S.-Inarwa, Anchal-Mainatand, Dist.-West Champaran.
           9.    Rameshwar Yadav S/o Late Bandhu Yadav Resident of Village-Barwa
                 Parsauni, P.S.-Inarwa, Anchal-Mainatand, Dist.-West Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :     Mr. Sanjeev Kumar, Adv.
                 For the State             :     Mr. Sanjay Prasad, AC to AAG-4
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR
                                       ORAL ORDER

2   06-07-2026                          Heard Mr. Sanjeev Kumar, learned Advocate for

                   petitioner and Mr. Sanjay Prasad, learned AC to AAG-4 for the State.

                                 2. The petitioner in the present writ application has prayed

                   for the following relief/reliefs :-

                                                             A. For issuance of a writ in the
                                                  nature of mandamus or any other
                                                  appropriate writ, order/s, commanding the
                                                  respondents for the followings :-
                                                             I. To remove all encroachments
                                                  done by the private respondents from a piece
                                                  of Gairmajarua Aam Public Land (Public
           Patna High Court CWJC No.1965 of 2025(2) dt.06-07-2026
                                                       2/2




                                                     road) appertaining to plot no. 166
                                                     measuring 3 ½, 4 & 4½ dismal respectively
                                                     falling within Barwa mauza under
                                                     Mainatand Block of West Champaran
                                                     District.
                                                                  II. To conclude the proceeding of
                                                     Encroachment case no. 08/2023-24 initiated
                                                     by the respondent no.5 in connection with
                                                     the aforesaid encroachment done by the
                                                     private respondents.
                                                                  B. For any other relief/s to which
                                                     the petitioner is found entitled to.

                                 3. On instructions, it was informed by the learned counsel

                     for the State that the Anchal Adhikari, vide letter no. 475 dated

                     04.07.2026, addressed to Sub-Divisional Officer, Narkatiaganj, has

                     already taken steps for removal of encroachment and in fact a request

                     was made for deployment of the police personnel for removal of

                     encroachment on 11.07.2026.

                                 4. A copy of the communication dated 04.07.2026 has

                     been handed over to the learned counsel for petitioner in the Court.

                                 5. Since the respondent authorities have already taken

                     effective steps for removal of encroachment and nothing remains for

                     adjudication, the present writ application is disposed of.




                                                (Vikash Kumar, J)

Ashwin/-

U


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