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Patna High Court

Prahalad PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

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
Patna High Court CWJC No.2918 of 2026(2) dt.10-03-2026
                                            2/3




                             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
                                                        3/3




                      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/-

U


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