Patna High Court
Prahalad PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the petitioners should approach the Collector, West Champaran, who will hear all parties and take the matter to its logical conclusion.
Summary
Petitioners Prahalad Prasad and Nagendra Kushwaha filed a writ petition seeking the removal of an encroachment on public land (Khata No. 76, Khesra No. 135) through which a village road passes. They alleged that Respondent No.5, Jaiprakash Pandey, had encroached on the road, obstructing ingress and egress for the villagers. The petition also requested the court to direct the Sub‑Divisional Magistrate to conclude any encroachment inquiry and to ensure that the road remains usable during the pendency of the case. The State counsel argued that any such relief would be taken to its logical conclusion if the petition were entertained. The Court, after hearing both sides, disposed of the petition, directing the petitioners to approach the Collector of West Champaran, who will hear all parties and decide the matter expeditiously.
Issues considered
- Whether the High Court can issue a writ directing removal of encroachment on public road land.
- Whether the Court can order the Sub‑Divisional Magistrate to conclude an encroachment inquiry.
- Whether the appropriate remedy is to direct the petitioners to approach the Collector for further orders.
Subjects
- public land
- encroachment
- writ petition
- right of way
- civil writ jurisdiction
- Patna High Court
- collector
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2918 of 2026
======================================================
1. Prahalad Prasad Son of Bhagwat Prasad Resident of Village- Kataha, Police
Station- Dhanaha, District- West Champaran
2. Nagendra Kushwaha Son of- Jantri Kushwaha Resident of Village- Kataha,
Police Station- Dhanaha, District- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna
2. The District Magistrate, West Champaran
3. The Sub Divisional Magistrate, Bagaha, West Champaran
4. The Circle Officer, Madhubani, West Champaran
5. Jaiprakash Pandey, Son of- Kedar Pandey, Resident of Village- Kataha,
Police Station- Dhanaha, District- West Champaran
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Irfan Ahmad Ansari, Advocate
: Mr. Shahbaj Alam, Advocate
For the State : Mr. Addl. Advocate General (09)
: Mr. Anil Kumar Verma, AC to AAG-9
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 10-03-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of appropriate writ/writs,
order/orders, direction/directions for
commanding and directing the respondent
authorities to remove the encroachment of the
public land bearing Khata No. 76, Khesra No.
135 from which 'Rasta' (Public Road) of the
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village- Kataha, Dhanaha is running through up
to the house of the Petitioners above named and
other co-villagers which is encroached by the
Respondent No. 5.
(ii) for issuance of appropriate
writ/writs, order/orders, direction/directions for
commanding and directing the respondent No.-4
to conclude the encroachment Case if any after
completed inquiry and passed the proper order
to remove the encroachment.
(iii) for issuance of appropriate
writ/writs, order/orders, direction/directions for
commanding and directing the respondent
authorities to insure the ingress and egress of the
Petitioners as well as villagers may not be
affected during pendency of the Writ Application.
(iv) for any other relief/reliefs for
which petitioner is entitled in the fact and
circumstances of the case.”
3. The matter relates to the land bearing Khata No.
76, Khesra No. 135 under the village-Kataha, Dhanaha.
4. After some arguments, learned counsel for the
Patna High Court CWJC No.2918 of 2026(2) dt.10-03-2026
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petitioner submits that they shall be approaching the respondent
no.2, the Collector, West Champaran, in next eight weeks.
5. Learned State counsel submits that if such petition
is preferred, it will be taken to its logical conclusion.
6. Accepting the submissions put forward by the
parties, the writ petition is disposed of allowing the petitioner to
approach the respondent no.2, the Collector, West Champaran,
who shall after noticing/hearing all the parties, will take the
matter to its logical conclusion at an earliest.
7. Needless to add, the further step has to be taken
pursuant to the order passed by the Collector, West Champaran.
(Rajiv Roy, J)
vinayak/-
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