Patna High Court
Arun Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court directed the petitioner to file a fresh representation and ordered the Circle Officer to proceed under Section 3 of the Bihar Public Land Encroachment Act, 1956, with the writ petition disposed.
Summary
The petitioner, Arun Kumar Mishra, filed a writ petition seeking a mandamus directing the State of Bihar and its officials to remove encroachments on several land parcels that constitute a public road in Village Maladh, Supaul. The court observed that the petitioner must first file a fresh representation detailing the encroachers before any action can be taken. Upon such filing, the Circle Officer, Kishanpur, is to initiate proceedings under Section 3 of the Bihar Public Land Encroachment Act, 1956, give notice to the concerned parties, and determine that the land is public and encroached. If confirmed, the encroachment must be removed within three months from the initiation of the proceeding. The court directed that the entire process be completed within the stipulated period and disposed of the writ petition.
Issues considered
- Whether the State officials are liable to remove encroachments on public road land through a writ of mandamus.
- Whether the petitioner must first file a fresh representation before the authorities can act under the Bihar Public Land Encroachment Act, 1956.
- Whether Section 3 of the Bihar Public Land Encroachment Act, 1956 empowers the Circle Officer to order removal of encroachments within a specified time.
Legislation cited
Subjects
- encroachment
- public land
- mandamus
- Bihar Public Land Encroachment Act
- writ petition
- removal of encroachment
- public road
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.547 of 2026
======================================================
Arun Kumar Mishra S/o Laxmi Kant Mishra, R/o Village- Maladh, Ward No.
11, P.S. Kishanpur, District- Supaul, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. Additional Chief Secretary, Department of Revenue and Land Reforms,
Bihar, Patna.
3. Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.
4. District Magistrate, Supaul.
5. Additional Collector, Supaul.
6. Deputy Commissioner Land Revenue, Supaul.
7. Sub-Divisional Officer (Civil), Supaul.
8. Sub-Divisional Public Grievance Redressal Officer, Supaul.
9. Circle Officer, Kishanpur, District- Supaul.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prabhakar Singh, Adv.
For the Respondent/s : Government Pleader (06)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 09-07-2026 Heard learned counsel for the petitioner and learned
counsel for the Respondent-State.
2. The instant writ application has been filed for the
following relief(s):-
“1. That this writ application is
being preferred for issuance of an
appropriate writ/writs in the nature of
Mandamus commanding upon the
respondents to remove encroachment in
village Maladh, Thana No. 84 Purana Khata
415, 1. Purana Khesra 5437(part i.e.
petitioner's house SE corner to village
Patna High Court CWJC No.547 of 2026(2) dt.09-07-2026
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Abhuar boundary),2. Khesra 5549,3. Khesra
No. 5380,4. Khesra No 5924, 5. Khesra No.
5372, situated in Village Maladh, 6. Khesra
No. 4938, 7. Khesra No. 5064 situated in
village Abhuar Thana No 81, circle office
Kishanpur, District Supaul which is a public
road and after removal of encroachment and
demarcation restore the public road funded
by the State exchequer and encroached by
the villagers, causing hardships to the
common people, is directed in the following
facts and circumstances of the case.”
3. The petitioner is directed to file a fresh
representation with regard to 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.
4. It is expected that once such an application for
removal of the encroachment is filed by the petitioner, then the
Circle Officer, Kishanpur, Supaul 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
Patna High Court CWJC No.547 of 2026(2) dt.09-07-2026
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question, is a public land and the same has been encroached by
the private persons, the same shall be made encroachment free
within the period of three months.
5. It is expected that the entire exercise shall be
carried out and concluded within the time so specified from the
date of initiation of proceeding under Section 3 of the Bihar
Public Land Encroachment Act, 1956.
6. With the aforesaid observation and direction, the
writ petition stands disposed of.
(Ajit Kumar, J)
perwez
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