Patna High Court
Ramashankar MahatoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court ordered the Circle Officer, Bagaha‑2, to notice the encroaching respondents and proceed to resolve the matter, and disposed of the writ petition.
Summary
Petitioner Ramashankar Mahato filed a writ petition seeking an appropriate writ directing the State authorities to remove encroachments on government land settled in the name of his ancestor. The encroachment was alleged to be by respondents Arbind Tiwari and Gurusharan Sah. The petitioner proposed approaching the Circle Officer for redress, while the State counsel indicated the petition would be dealt with promptly. The Court, after hearing both sides, directed the Circle Officer, Bagaha‑2, to immediately notice the encroaching respondents and other stakeholders and to take the matter to its logical conclusion. Accordingly, the writ petition was disposed of.
Issues considered
- Whether the High Court can issue a writ directing removal of encroachment on government land
- Whether the petitioner should approach the Circle Officer for redress
- Appropriate procedural steps for the authorities to address the encroachment
Subjects
- writ jurisdiction
- land encroachment
- government land
- civil writ
- removal of encroachment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5307 of 2026
======================================================
Ramashankar Mahato Son of Chhathu Mahto Resident of Village- Semra,
Ward No.- 8, P.S.- Semra, District- West Champaran (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Govt. of Bihar, Patna.
2. The District Magistrate, West Champaran, Bettiah, Bihar.
3. The Superintendent of Police, Bagaha, West- Champaran, Bihar.
4. The Sub- Divisional Magistrate, Bagaha, West Champaran, Bihar.
5. The Circle Officer, Bagaha- 2, Bettiah, West Champaran.
6. The Police Station Semra, Bagaha, District- West Champaran.
7. Arbind Tiwari, Son of Parshuram Tiwari Resident of Village- Bankatwa,
P.S.- Bagaha, District- West Champaran.
8. Gurusharan Sah, Son of Bachchan Sah Resident of Village- Semra, P.S.-
Semra, District- West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suresh Prasad Sharma, Advocate
For the Respondent/s : Mr. Standing Counsel (20)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 04-05-2026 Heard the parties.
2. The present writ petition has been preferred for:
“issuance of an appropriate writ/writs
direction/directions during the Respondents
Authorities to remove the encroachment done by
the two persons, upon the land which is th eland of
Gairmazarua Malik Bihar Government which is
settled by Bihar Government in the name of
ancestor Chhathu Dhangar (Mahto) and Sikhram
Patna High Court CWJC No.5307 of 2026(3) dt.04-05-2026
2/2
Dhangar (Mahto), petitioner Ramashankar Mahto
son of Chhathu Dhangar (Mahto).”
3. Learned counsel for the petitioner submit that he
shall be approaching the Circle Officer, Bagaha-2, West
Champaran for the redressal of the grievance.
4. Learned State counsel submits that if such petition
is preferred it will be taken to its logical conclusion at the
earliest, after hearing the parties.
5. This Court has heard the parties and perused the
contents of the writ petition. If such petition is preferred, the
Circle Officer, Bagaha-2, West Champaran shall be immediately
noticing the respondent no. 7 and 8 and as also the other
stakeholders and shall see to it that the matter is taken to its
logical conclusion.
6. So far as the prayer of the submission of learned
counsel for the petitioner is concerned, with the aforesaid
observation the writ petition is disposed of.
(Rajiv Roy, J)
atul/-
U T
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