Lalu Singh Yadav @ Lalu SinghversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.5141 of 2025
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                 Lalu Singh Yadav @ Lalu Singh Son of Late Nabab Yadav, Resident of
                 Village- Baruna, PO-Baruna Sowatha, PS- Narayanpur, District- Bhojpur-
                 802201.

                                                                       ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through Additional Chief Secretary, Department of
                 Revenue Government of Bihar, Patna.
           2.    The District Magistrate, Bhojpur.
           3.    The Sub-Divisional Officer, Ara Sadar, District- Bhojpur
           4.    The Senior Superintendant of Police, District- Bhojpur.
           5.    The Circle Officer Agiaon, District- Bhojpur.
           6.    The Officer-in-Charge Narayanpur, District- Bhojpur.
           7.    Assistant Engineer, Path Lower Division Koilwar. District- Bhojpur.
           8.    Sitav Kahar Son of Late Jairam Kahar resident of Village- Baruna, PO-
                 Baruna, Sowatha, PS- Narayanpur, District- Bhojpur.
           9.    Seoji Kahar Son of Late Jairam Kahar resident of Village- Baruna, PO-
                 Baruna, Sowatha, PS- Narayanpur, District- Bhojpur.
           10. Ranjit Kahar Son of Sitav Kahar resident of Village- Baruna, PO- Baruna,
               Sowatha, PS- Narayanpur, District- Bhojpur.
           11. Bhaju Kahar Son of Sitav Kahar resident of Village- Baruna, PO- Baruna,
               Sowatha, PS- Narayanpur, District- Bhojpur.
           12. Manjit Kahar son of Seoji Kahar resident of Village- Baruna, PO- Baruna,
               Sowatha, PS- Narayanpur, District- Bhojpur.

                                                           ... ... Respondent/s
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                 Appearance :
                 For the Petitioner/s   :      Mr. Shivajee Singh
                 For the Respondent/s   :      Additional Advocate General (12)
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                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   06-04-2026                    Heard learned counsel for the petitioner and

                   learned counsel for the State.

                               2. The instant application has been filed for directing

                   the respondents to remove encroachment from Zila Parishad

                   Road passing through Government land pertaining to Khata No.
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          493, 495, Plot No. 713 and 1057 of Mauza Baruna, Thana No.

          365, upon which the private respondents have encroached by

          constructing “Khaprail House” as well as hut upon the said

          Government land, due to which the ingress and outgress of the

          petitioner has been fully obstructed, and further to pass any

          other order or orders to which the petitioner is found entitled

          too.

                      3. At this stage, learned counsel for the State, by

          referring to the stand taken in the counter affidavit, submits that

          though the land is recorded as Anabad Bihar Sarkar in the

          revenue records, during the course of the proceedings initiated

          by the revenue authorities, it has been contended by the alleged

          encroachers that the land in question was in fact acquired by

          their ancestors but has mistakenly been recorded as Anabad

          Bihar Sarkar in the revenue records, and that they have a right

          to continue in possession. It is further submitted, with reference

          to the nature of the order passed and the stand taken in the

          counter affidavit, that the ingress and egress of the petitioner is

          in no way affected by the presence of the alleged encroachers on

          the land in question.

                      4. In view of the submissions of the parties, the

          petitioner is directed to file a fresh representation with regard to
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          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.

                      5. It is expected that once such an application for

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

          Circle Officer, Bhojpur, will initiate the appropriate proceeding

          under Section 3 of the Bihar Public Land Encroachment Act,

          1956 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 public land and the same has

          been encroached by private persons, the same shall be made

          encroachment-free within the time so allowed under the statute.

                      6. From the counter affidavit, it appears that the land

          is recorded as ‘Anabad Bihar Sarkar’ and the document

          presented for consideration as Annexure-P/1 is not a final

          document crystallizing the rights of the parties, as such, while

          adjudicating the issues in question, insofar as the nature of the

          land is concerned, if it is claimed by the alleged encroachers that

          the land is their family land acquired by their ancestors, then, in

          such event, if the revenue records find substance in such

          submission, it shall be open to the revenue authorities to decide

          the same, and in case of legal disputed issues, the authorities
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                     may relegate the issue for appropriate adjudication before the

                     competent civil court. The aggrieved parties shall be at liberty to

                     take recourse to such remedies as are available under law.

                                 7. It is made clear that in case such materials do not

                     appear on record, or the said land is not claimed by any of the

                     parties, then in such event, after resorting to the procedures as

                     prescribed under the Bihar Public Land Encroachment Act,

                     1956, necessary notices shall be issued and, after hearing the

                     parties concerned, an appropriate decision shall be taken in

                     accordance with the provisions of the Act, within a maximum

                     period of six months, which shall be duly communicated. Upon

                     finding that the public land being under encroachment,

                     necessary steps for removal of such encroachment shall be taken

                     within the time stipulated under the Act or the time allowed by

                     this Court.

                                 8. With the aforesaid observation and direction, the

                     writ petition stands disposed of.



                                                              (Ajit Kumar, J)
shikha/-

U