Patna High Court

Yogendra YadavversusThe State of Bihar

Decided: 6 April 2026
Disposal: DISPOSED
Bench: AJIT KUMAR

Holding

The petition is disposed with a direction that the petitioner file a fresh representation and the Circle Officer proceed under the Bihar Public Land Encroachment Act, 1956.

Summary

Petitioner Yogendra Yadav filed a writ petition seeking a mandamus directing the Circle Officer, Paroo, to remove encroachments on a public road in Village Lakhanauri. The court observed that the petitioner must first file a fresh representation detailing the encroachers before any action can be taken. It directed that, upon such representation, the Circle Officer should initiate proceedings under Section 3 of the Bihar Public Land Encroachment Act, 1956, give notice, and order removal of the encroachment if the land is confirmed as public. The court emphasized that the process must be completed within the time limits prescribed by the Act. Consequently, the petition was disposed with these directions.

Issues considered

Whether a writ of mandamus is appropriate to compel the Circle Officer to remove encroachment without a prior representation by the petitioner.
Whether the Circle Officer has jurisdiction to act under Section 3 of the Bihar Public Land Encroachment Act, 1956 in this matter.
Whether the petitioner must first file a fresh representation before the removal proceedings can be initiated.

Legislation cited

Bihar Public Land Encroachment Act, 1956 — s. 3

Subjects

public road
encroachment
mandamus
writ jurisdiction
Bihar Public Land Encroachment Act
Circle Officer
removal of encroachment

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.2414 of 2025
     ======================================================
     Yogendra Yadav S/o Late Naga Prasad Yadav @ Late Nagar Yadav R/o Vill-
     Lakhanauri, Naya Tola, P.S.- Deoria, District- Muzaffarpur

                                                           ... ... Petitioner/s
                                    Versus
1.   The State of Bihar through the Principal Secretary Department of Land
     Reforms and revenue, Patna.
2.   The District Magistrate, Muzaffarpur.
3.   The Sub-Divisional Officer, West Muzaffarpur, District-Muzaffarpur.
4.   The Circle Officer, Paroo, Dist.-Muzaffarpur.
5.   The S.H.O., Deoria Police Station, Dist-Muzaffarpur.
6.   Mangal Ray S/o Late Shivnandan Ray Resident of Village-Lakhanauri, Naya
     Tola, P.S.-Deoria, Dist.- Muzaffarpur.
7.   Mithilesh Ray S/o Mangal Ray Resident of Village-Lakhanauri, Naya Tola,
     P.S.-Deoria, Dist.- Muzaffarpur.
8.   Rakesh Ray S/o Mangal Ray Resident of Village-Lakhanauri, Naya Tola,
     P.S.-Deoria, Dist.- Muzaffarpur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      M/s Pranav Kr, Rajeev Ranjan No.II, Advocates
     For the Respondent/s   :      Mr.Government Pleader (07)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
     ORAL JUDGMENT
      Date : 06-04-2026


                 Heard learned counsel for the petitioner and the

     respondents.

                 2 This writ petition has been filed seeking the following

     reliefs:

                      “… … … for issuance of a writ in
            the nature of Mandamus/any other appropriate
            writ/direction commanding respondent No 4 to
Patna High Court CWJC No.2414 of 2025 dt.06-04-2026
                                           2/3




               remove encroachment from the public road
               situated in Village – Lakhanauri, Naya Tola, PS
               – Deoria under the circle of Paroo which was
               encroached by the private respondents on the
               application of the petitioner.”

                    3 The petitioner is directed to file a fresh representation

       with regard to the encroachment in question giving full details of

       the persons who have made construction over the land and creating

       obstruction over the public road by blocking the same.

                    4 It is expected that once such an application for

       removal of the encroachment is filed by the petitioner, then the

       Circle Officer, Paroo, District - Muzaffarpur will initiate

       appropriate proceeding under Section 3 of the Bihar Public Land

       Encroachment Act, 1956 (for brevity, the Act) and, after giving

       notice to all concerned, necessary orders shall be passed,

       adjudicating the issues in question and once it is found that the

       land in question is a public land and the same has been encroached

       by the private persons, the same shall be made encroachment free

       within the time so allowed under the Statute.

                    5 It is further expected that the entire exercise shall be

       carried out and concluded within the time stipulated under the Act

       from the date of initiation of the proceeding under Section 3 of the

       Act.
             Patna High Court CWJC No.2414 of 2025 dt.06-04-2026
                                                        3/3




                                 6 With the aforementioned observation and direction,

                    this writ petition stands disposed of.


                                                    (Ajit Kumar, J)
M.E.H./-
AFR/NAFR                      NAFR
CAV DATE                       NA
Uploading Date             09.04.2026
Transmission Date              NA

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