Patna High Court

Vijay Kumar BhagatversusThe State of Bihar

Decided: 27 April 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The petition is disposed, directing the petitioner to approach the Sub‑Divisional Magistrate, Sadar, Katihar, for a reasoned order on the encroachment.

Summary

Petitioner Vijay Kumar Bhagat filed a writ petition seeking an order directing the respondents, particularly Respondent No.10, to remove an illegal encroachment that blocked the only ingress and egress passage (Aam Rasta) to his ancestral house, a right of way established over 60 years ago. The petitioner alleged that the encroachment obstructed the public road on land identified as Khata No. 1017, Khesra No. 4296, covering 0.25 decimal in Bari Nagar, Katihar. The court noted that the petitioner intended to approach the Sub‑Divisional Magistrate, Sadar, Katihar, for redress, and the State counsel raised no objection to this course. The bench held that the writ petition could be disposed of without granting a specific injunction, directing the petitioner to seek relief from the appropriate administrative authority. Consequently, the petition was disposed, allowing the petitioner to approach the Sub‑Divisional Magistrate for a reasoned order, and any pending interim applications were also dismissed.

Issues considered

Whether the High Court can issue a writ directing removal of the encroachment and restraining further construction on the public passage.
Whether the petitioner should approach the Sub‑Divisional Magistrate for relief instead of seeking a writ from the High Court.

Subjects

encroachment
public right of way
writ jurisdiction
illegal construction
civil writ
property rights
administrative remedy

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.4155 of 2026
                 ======================================================
                 Vijay Kumar Bhagat Son of Late Basudev Prasad, Resident of Barinagar
                 Ashram, Gurubazar, Police Station - Barari, District - Katihar.

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar.
           2.    The Divisional Commissioner, Katihar.
           3.    The District Magistrate-cum-Collector, Katihar.
           4.    The Sub Divisional Officer, Sadar, District Katihar.
           5.    The Circle Officer, Barari Anchal, District Katihar.
           6.    The Circle Inspector, Barari Anchal, District Katihar.
           7.    The Halka Karamchari, Barari Anchal, District Katihar.
           8.    The Superintendent of Police, Katihar.
           9.    The Dy Superintendent of Police, Korha, District- Katihar.
           10. Pawan Yadav, Son Krishna Yadav, Resident of Purvy Bari Nagar, Police
               Station- Bari Nagar, District - Katihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Anwar Karim, Adv.
                 For the Respondent/s   :        Mr. Standing Counsel (28)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   27-04-2026                  Heard the parties.

                               2. The present application has been preferred:

                                                        for issuance of an appropriate
                                            writ and/or direction to the Respondents to
                                            remove the illegal and forceful encroachment
                                            made by the one Pawan Yadav (Respondent
                                            No.10)and restraining them from any further
                                            construction and from blockage the only
                                            ingress and outgress passage of the Gali left
                                            by the ancestors of the petitioner more than
           Patna High Court CWJC No.4155 of 2026(3) dt.27-04-2026
                                                       2/2




                                            60 years ago for Aam Rasta over the land
                                            pertaining to Khata No. 1017, Khesra No.
                                            4296 Area 0.25 decimal Mauza Bari Nagar,
                                            Kaihar, which is the only Rasta for out
                                            going and incoming to the house of the
                                            petitioner and/or pass such other order or
                                            orders as may be deemed fit and proper for
                                            the ends of justice considering the facts and
                                            circumstances of this case.
                                 3.    After some argument, learned counsel for the

                     petitioner submits that he shall be approaching the respondent

                     no. 4, the Sub-Divisional Magistrate, Sadar, Katihar for the

                     redressal of the grievance.

                                 4. Learned State Counsel has no objection.

                                 5. In that background, the writ petition is disposed of

                     allowing the petitioner to approach the Sub-Divisional

                     Magistrate, Sadar, Katihar who shall be passing a reasoned

                     order after hearing the parties.

                                 6. Pending I.A.(s), if any, also stands disposed of.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U

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