Patna High Court
Nand Kishore PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- VIKASH KUMAR
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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