Patna High Court
Shiv Shekhar PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court ordered the District Magistrate to examine the alleged encroachment and disposed of the writ petition.
Summary
The petitioner, Shiv Shekhar Prasad, filed a writ petition seeking the removal of alleged encroachments, including bamboo walls, huts, and an illegal electric connection, on his land in Kumhara Bishunpur, Sitamarhi. He requested that the State authorities be directed to restore his property and that the matter be examined by the District Magistrate in light of a prior order in CWJC No.348 of 2026 (Krishna Devi v. State of Bihar). The Court, after hearing counsel, directed the District Magistrate, through the Circle Office, to investigate whether any unauthorized occupation exists and to take appropriate action if encroachment is confirmed. The Court emphasized that any high‑handed acceptance of illegal occupation would contravene the rule of law. Consequently, the writ petition was disposed, with the interlocutory applications also dismissed.
Issues considered
- Whether the petitioner is entitled to a writ directing the removal of encroachments on his land.
- Whether the District Magistrate has jurisdiction to investigate and order removal of illegal structures.
- Whether the Court should direct administrative action in accordance with the earlier order in Krishna Devi v. State of Bihar.
Subjects
- encroachment
- land dispute
- civil writ jurisdiction
- district magistrate
- removal of illegal structures
- property rights
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.556 of 2026
======================================================
Shiv Shekhar Prasad S/o Uttim Lal Raut, Resident of Village- Kumhara
Bishunpur, Tole Deua, P.S.- Dumra, District- Sitamarhi, PIN no.- 843323.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Bihar, Patna.
2. The Divisional Commissioner, Tirhut Division, Muzaffarpur.
3. The District Magistrate, Sitamarhi.
4. The Senior Superintendent of Police, Sitamarhi.
5. The Deputy Collector Land Reforms, Sitamarhi.
6. The Sub Divisional Magistrate, Sitamarhi Sadar, District- Sitamarhi.
7. The Circle Officer, Dumra, Dist.- Sitamarhi.
8. The S.H.O, P.S.- Dumra, Dist.- Sitamarhi.
9. The S.D.O., Electric Supply Dumra, Dist.- Sitamarhi.
1st Set respondents
10. Ram Bharosh Raut, S/o Late Rajendra Raut
11. Usha Devi, W/o Ram Bharosh Raut
12. Ramshreshtha Raut @ Ram Shirishth Raut, S/o Late Mahendra Raut
13. Kishori Raut, S/o Late Mahendra Raut
14. Santosh Kumar, S/o Ramprit Raut
15. Sanehi Ruat, S/o Late Siyalal Raut
16. Rampravesh Raut, S/o Ramprit Raut
17. Rudal Ruat, S/o Birju Raut
18. Arvind Singh, S/o Kapildeo Singh
Respondent no.s10 to 18 are Resident of Village- Kumhara Bishunpur, Tole
Deua, P.S.- Dumra, District- Sitamarhi, PIN no.- 843323.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Bipin Chandra, Advocate
For the Respondent/s : Mr. Ravi Kumar, AC to GP 13
Mr. Akshay Lal Prasad, AC to GP 13
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 27-01-2026 Heard Mr. (Dr.) Bipin Chandra learned counsel
appearing on behalf of the petitioner and Mr. Ravi Kumar
Patna High Court CWJC No.556 of 2026(2) dt.27-01-2026
2/3
and Mr. Akshay Lal Prasad, learned ACs to GP 13 for the
State.
2. Petitioner has inter alia prayed for following reliefs
in the paragraphs No.1 of the writ petition:-
“That the instant application is being filed for
issuance of appropriate writ(s) thereby directing and
commanding the authorities of the State respondents to
remove the encroachment over the land of petitioner
situated at Mauza- Kumhara Bishunpur, Khata No.1158,
Sarve No.8958 & 8959, Rakwa 8.5 decimal & 8.5 decimal,
P.S. Dumra, Circle- Dumra, District- Sitamarahi which has
been erecting the bamboo walls and huts and also taken
electric connection on said plot illegally by the 2nd
respondents.
For consequently directing the authorities of the
State respondents to remove the entire encroachment form
the said land as land of petitioner done measurement to
construction of boundary wall and house.
For grant of any other reliefs which the
petitioner may be entitled to in the facts and circumstances
of this case.”
3. Learned counsel appearing on behalf of petitioner
submits for the relief as sought for in the present writ petition
the petitioner seeks to file a detailed representation for redressal
of his grievance before the District Magistrate, Sitamarhi and
the same may be disposed of in light of order passed by this
Court in CWJC No.348 of 2026 ( Krishna Devi Vs. State of
Bihar & Ors.)
4. Considering the aforesaid specific submission made
on behalf of the petitioner, the District Magistrate, Sitamarhi, is
directed to examine the petitioner’s case in respect of the land in
Patna High Court CWJC No.556 of 2026(2) dt.27-01-2026
3/3
question through the Circle Office and ascertain whether any
encroachment has been made thereon. If it is found that
unauthorized persons have occupied the land, then in that case,
the law shall take its own course. If the District Magistrate
allows to give acceptance of such high-handedness action then
there will be no respect for the rule of law and unlawful
elements must be dealt with strictly in accordance with due
process of law.
5. The writ petition is, accordingly, disposed of.
6. Interlocutory Application(s), if any, also stands
disposed of.
(Purnendu Singh, J)
Sanjay/-
U
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