Patna High Court
Amit ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- VIKASH KUMAR
Holding
The court held that no encroachment existed on the road, and therefore the writ application was disposed of.
Summary
The petitioner, Amit Chaudhary, sought a writ of mandamus directing the State of Bihar and its officials to remove alleged illegal encroachments on a public road and raiyati land adjoining his property. The encroachment was claimed to have been carried out by respondents 6 to 9 without the petitioner’s consent. The State filed a counter‑affidavit stating that there was no encroachment on the road as alleged. The petitioner did not file a rejoinder to contest this statement. The court accepted the State’s declaration that no encroachment existed and consequently disposed of the writ application.
Issues considered
- Whether there is an illegal encroachment on the public road and raiyati land claimed by the petitioner
- Whether a writ of mandamus can be issued to direct the removal of such encroachment
Subjects
- encroachment
- public road
- writ of mandamus
- land reform
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2059 of 2025
======================================================
Amit Chaudhary son of Late Lakshmi Chaudhari, resident of village- Chhotki
Rajwa, ward no.- 01, P.S.- Hasanpur, Dist.- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Revenue and Land Reforms
Deptt., Govt. of Bihar, Patna.
2. The Director, Revenue and land Reforms Deptt., Govt. of Bihar, Patna.
3. The District Magistrate, Samastipur.
4. The Sub Divisional Officer, Rosera, Dist.- Samastipur.
5. The Circle Officer, Hasanpur, Dist.- Samastipur.
6. Ruby Devi, W/o Dipak Chaudhary resident of village- Chhotaki Rajwa,
Ward no.- 2, P.S.- Hasanpur, Dist.- Samastipur.
7. Dipak Chaudhary, Son of Ramji Chaudhary resident of village- Chhotaki
Rajwa, Ward no.- 2, P.S.- Hasanpur, Dist.- Samastipur.
8. Natho Chaudhary, Son of Late Radha Chaudhary resident of village-
Chhotaki Rajwa, Ward no.- 2, P.S.- Hasanpur, Dist.- Samastipur.
9. Ranju Devi, Wife of Natho Chaudhary resident of village- Chhotaki Rajwa,
Ward no.- 2, P.S.- Hasanpur, Dist.- Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner : Mr. Binod Kumar Sinha, Advocate
Mr. Shishir Kumar Sinha, Advocate
For the State : Ms. Anuradha Singh, SC-21
Ms. Shatabdi Sinha, AC to SC-21
======================================================
CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR
ORAL ORDER
2 06-07-2026 Heard Shri Shishir Kumar Sinha, learned counsel for the
petitioner and Smt Shatabdi Sinha, learned AC to SC-21 for the
state.
2. The petitioner has prayed for issuance of appropriate
writ in the nature of Mandamus direction to Respondents to remove
illegal encroachment from the public road area 5 dhur and raiyati
land of petitioner area 8 dhur both lands adjucent to each other Khata
No.18 old 78 New Khesra No. 80 old 34 New situated at Mauza
Patna High Court CWJC No.2059 of 2025(2) dt.06-07-2026
2/2
chhotki Rajwa P.S Hasanpur Dist- Samastipur which was encroached
by Respondent No. 6 to 9 in illegal manner and forcibly without any
consent and permission of land owner and any other appropriate
order, direction save and except in accordance with law.
3. A duly affidavited counter affidavit dated 21.08.2025
filed on behalf of respondent no. 1 to 5 is on record with service of
copy to petitioner on 27.08.2025. No rejoinder has been filed by the
petitioner.
4. Learned counsel for the respondent submits that in light
of statement made in Paragraph 9 of the counter affidavit, the
present writ application may be disposed off. The petitioner has not
disputed the fact.
5. The statement made in Paragraph 9 is reproduce here
in below:-
“9.That it is humbly submitted that there is no
encroachment on the said road, as alleged by the petitioner”.
6. The statement made by learned counsel for state is
accepted.
7. Accordingly, the writ application stands disposed off.
(Vikash Kumar, J)
Rohit/-
U
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