Patna High Court

Avadhkishor RaiversusThe State of Bihar

Decided: 16 February 2026
Disposal: DISPOSED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The petition is dismissed as the petitioners must first pursue the statutory remedy under the Bihar Public Land Encroachment Act, 1956.

Summary

The petitioners, a group of residents of Titra, Siwan, filed a public interest writ petition seeking a court order directing the removal of illegal encroachment on Raj Pokhar land (Tauzi No. 3918, Khata No. 616, Khesra No. 7171). They had earlier filed applications under the Bihar Public Land Encroachment Act, 1956 with the Circle Officer, Jiradei, but reported receiving no communication or action. The Court queried the petitioners about the status of those applications and noted that no response had been received from the statutory authority. It held that the petitioners must first exhaust the statutory remedy available under the Act or approach the Single Judge with a proper application. Consequently, the writ petition was disposed of without granting any relief.

Issues considered

Whether the High Court can direct removal of the alleged encroachment without a response from the statutory authority under the Bihar Public Land Encroachment Act, 1956
Whether the petitioners have exhausted the statutory remedy available under the Bihar Public Land Encroachment Act, 1956 before approaching the High Court

Legislation cited

Bihar Public Land Encroachment Act, 1956

Subjects

public interest litigation
illegal encroachment
land dispute
statutory remedy
Bihar Public Land Encroachment Act
writ jurisdiction
petition disposed

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.419 of 2026
     ======================================================
1.    Avadhkishor Rai Son of Late Dharmanath Rai, resident of Titra, Siwan,

     P.O.-Titra, P.S.-Mairwa, District-Siwan-841245.
2.   Shwetank Rai, Son of Late Rakesh Kumar Rai, resident of VTC-Titra, P.O.-

     Titra, P.S.-Mairwa, District-Siwan-841245.
3.   Shailendra Kumar Rai, Son of Late Surendra Rai, resident of Titra, Siwan,

     P.O.-Titra, P.S.-Mairwa, District-Siwan-841245.
4.   Vikash Kumar Rai, Son of Upendra Kumar Rai, resident of Titra, Siwan,

     P.O.-Titra, P.S.-Mairwa, District-Siwan-841245.
5.   Abhishek Kumar, Son of Chhabinath Tiwari, resident of Titra, Siwan, P.O.-

     Titra, P.S.-Mairwa, District-Siwan-841245.

                                                                ... ... Petitioner/s
                                        Versus

1.   The State of Bihar through its Chief Secretary, Government of Bihar, Patna.
2.   The Chief Secretary, Government of Bihar, Patna.
3.   The Water Resources Department through its Principal Secretary,

     Government of Bihar, Patna.
4.   The Agriculture Department through its Principal Secretary, Government of

     Bihar, Patna.
5.   The Principal Secretary, Water Resources Department, Government of Bihar,

     Patna.
6.   The Principal Secretary, Agriculture Department, Government of Bihar,

     Patna.
7.   The Divisional Commissioner, Chhapra, Saran, Bihar.
8.   The District Magistrate, Siwan, Bihar.
9.   The Sub Divisional Officer, Siwan, Bihar.
10. The Sub Divisional Public Grievance Redressal Officer, Sub-Division,

     Siwan, Bihar.
11. The Circle Officer, Jiradei, Siwan, Bihar.
12. The Halka Rajaswa Karamchari, Jiradei, Siwan.
Patna High Court CWJC No.419 of 2026 dt.16-02-2026
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                                                 ... ... Respondent/s
       ======================================================
       Appearance :
       For the Petitioner/s     :       Ms.Riya Giri, Adv.
       For the Respondent/s     :       Mr. Vikash Kumar, AC to AG
       ======================================================
       CORAM: HONOURABLE THE CHIEF JUSTICE
               and
               HONOURABLE MR. JUSTICE HARISH KUMAR
       ORAL JUDGMENT
       (Per: HONOURABLE THE CHIEF JUSTICE)
       Date : 16-02-2026
                     This writ petition in the nature of Public Interest

         Litigation has been filed by the petitioners seeking for a

         direction to the respondents to remove illegal encroachment

         from Raj Pokhar situated at Tauzi No. 3918, Khata No. 616,

         Khesra No. 7171, Rakwa 2-7-12, Village Titra, Siwan, inter

         alia, with other prayer(s).

                          2. Learned counsel for the petitioners fairly

         submitted that steps have already been taken under the Bihar

         Public Land Encroachment Act, 1956 and applications have

         been filed before the Circle Officer, Jiradei, Siwan, which is

         annexed to this writ petition as Anneuxre P/1 series and it

         carries photographs of the unauthorized encroachment.

                          3. When we made a pertinent query to learned

         counsel as to what happened to such application, the answer is

         that no communication has been received from the said

         authority.

                          4. In view of the aforesaid facts, it is open to the
             Patna High Court CWJC No.419 of 2026 dt.16-02-2026
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                      petitioners to pursue their statutory remedy available under the

                      Act, 1956 or to approach the learned Single Judge of this Court

                      by filing appropriate application. Accordingly, this writ petition

                      stands disposed of.




                                           (Sangam Kumar Sahoo, CJ)


                                                  ( Harish Kumar, J)

Anjani/-
AFR/NAFR                N/A
CAV DATE                N/A
Uploading Date            18.02.2026
Transmission Date       N/A

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