Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that it would not issue a writ but grant the petitioner liberty to approach the Circle Officer for redressal.
Summary
The petitioner, Chandan Kumar, filed a writ petition seeking a court order directing the Circle Officer of Dhaka, East Champaran to initiate proceedings under the Bihar Public Land Encroachment Act, 1956 for removal of an alleged encroachment on public land. The petitioner argued that a writ was necessary to compel the respondent authority to act. The court considered whether it should issue such a writ or merely allow the petitioner to approach the respondent administratively. Justice Rajiv Roy held that the petitioner need not be granted a writ; instead, the court granted liberty to approach the Circle Officer for redress in accordance with law. Consequently, the petition was disposed without any writ being issued.
Issues considered
- Whether the petitioner is entitled to a writ directing the Circle Officer to initiate proceedings under the Bihar Public Land Encroachment Act, 1956 for removal of encroachment.
Legislation cited
Subjects
- land encroachment
- public land
- writ jurisdiction
- Bihar law
- civil writ
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20987 of 2025
======================================================
Chandan Kumar Son of Awadh Kishor Pandit, Resident of Village-
Gorgawan, Anchal- Dhaka, Police Station- Kundwa Chainpur, District- East
Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Revenue and Land Reforms, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Revenue and Land Reforms,
Government of Bihar, Patna.
3. The Collector, East Champaran, Motihari.
4. The Sub Divisional Officer, Sikarahana, Dhaka, District- East Champaran.
5. The Circle Officer, Dhaka, District East Champaran.
6. Harinandan Patel, Son of Dwarika Patel, Resident of Village- Gorigawan,
Police Station- Kundwa Chainpur, District- East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suresh Prasad Bhakta, Advocate
For the Respondent/s : Mr. Government Pleader (11)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 12-01-2026 Heard Mr. Suresh Prasad Bhakta, learned counsel for
the petitioner and Ms. Dimple Kumari, AC to GP-11.
2. The present petition has been preferred for the
following relief(s):
“for issuance of appropriate
writ/order/direction commanding the respondent
authorities particularly the respondent No. 5 Circle
Officer, Dhaka District East Champaran to initiate
proceeding under the provisions of Bihar Public
Patna High Court CWJC No.20987 of 2025(2) dt.12-01-2026
2/2
Land Encroachment, 1956 with respect to the
Public whose details are the mentioned in
Paragraph No. 3 of this writ application for
removal of the encroachment from the Respondent
No. 5.”
3. After some argument, learned counsel for the
petitioner submits that it will suffice if he is allowed to approach
the respondent no. 5 (the Circle Officer, Dhaka, East
Champaran) for the redressal of the grievance.
4. Granting said liberty and expecting the concerned
respondent to act in the matter in accordance with law, the writ
petition stands disposed of.
(Rajiv Roy, J)
Adnan/-
U
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